| Case ID |
1ebae8b7-9d4e-4490-94e6-c29d963c9a3a |
| Body |
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| Case Number |
Civil Appeal No.229-K of 2009 |
| Decision Date |
Mar 01, 2011 |
| Hearing Date |
Mar 01, 2011 |
| Decision |
The appeal was allowed, and the judgments and decrees passed by the Lower Appellate Court and the High Court were set aside. The suit filed by Hafiz Sheikh Anwar-ul-Haq was decreed in his favor, establishing that the cancellation order was without lawful authority and discriminatory. The respondents were ordered to pay the determined market value of the plot to the appellant within a specified timeframe. Furthermore, the respondent No.1 was directed to compensate the appellant for construction costs incurred during the unauthorized possession of the plot. |
| Summary |
This case revolves around the cancellation of a plot allotted to Hafiz Sheikh Anwar-ul-Haq and subsequent legal battles regarding possession and construction rights. The Supreme Court of Pakistan ruled on the appeal against the Sindh High Court's decision that affirmed the cancellation of the plot. The court highlighted that the cancellation was done without following due process and was discriminatory against the appellant. The decision emphasized the importance of lawful authority in administrative actions and the necessity of providing notice and opportunity to the affected parties. The ruling has implications for property rights, administrative justice, and the enforcement of contractual obligations in real estate. Key trending legal terms include 'property law', 'administrative justice', 'contractual obligations', and 'land rights'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sarmad,
Jalal Osmani,
Amir Hani Muslim
|
| Lawyers |
Syed Shahanshah Hussain,
A. Aziz Khan,
M. Shafi Muhammad,
M.A.S.K. Ghouri,
M. Aqil Awan,
Ghualm Qadir Jatoi,
Azhar Memon,
M. Sarwar Khan
|
| Petitioners |
Hafiz Shaikh Anwar-ul-Haq through L.Rs
|
| Respondents |
Jehan Khan and others
|
| Citations |
2011 SLD 1380,
2011 PLD 540
|
| Other Citations |
Collector Sahiwal v. Muhammad Akhter 1971 SCMR 681,
Rehmat Bibi v. Punnu Khan 1986 SCMR 962,
Muhammad Shafi v. Mushtaque Ahmed 1996 SCMR 856,
Seth Essabhoy v. Saboor Ahmad PLD 1973 SC 39,
Mrs. Anisa Rehman v. P.I.A.C. 1994 SCMR 2232
|
| Laws Involved |
Contract Act (IX of 1872),
Specific Relief Act (I of 1877)
|
| Sections |
55,
42
|