Legal Case Summary

Case Details
Case ID 1ed48ec6-6284-4129-961c-0da59c36c61e
Body View case body.
Case Number Civil Petition for Special Leave to Appeal No.953
Decision Date Jun 21, 1981
Hearing Date
Decision The Supreme Court of Pakistan dismissed the petitioner's request for special leave to appeal against the Lahore High Court's judgment, which allowed the respondents' constitutional petition regarding land settlement. The Court found that the petitioner did not take possession of the land allotted to him for nearly twenty-four years and failed to act upon his allotment despite being aware of the respondents' continuous possession since 1951. The Court emphasized the importance of possession in land disputes, stating that the petitioner's prolonged inaction undermined his claim to special leave. Therefore, the petition was dismissed, affirming the High Court's decision.
Summary This case revolves around the Displaced Persons (Land Settlement) Act and involves complex issues of land allotment and possession. The petitioner, Muhammad Munshi, claimed rights to land allotted to him in 1961, while the respondents, represented by their father, had been in possession of the same land since 1951. The Supreme Court ruled that the petitioner's failure to assert his rights for over two decades negated his claim. This case highlights the critical role of possession in land law and emphasizes that long periods of inaction can undermine legal claims. Keywords: land settlement, Supreme Court, Pakistan, possession rights, legal claims, Displaced Persons Act, constitutional petition.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges Aslam Riaz Hussain, Muhammad Afzal Zullah
Lawyers
Petitioners Muhammad Munshi, Baj Din
Respondents Not available
Citations 1992 SLD 581, 1992 SCMR 825
Other Citations Not available
Laws Involved Displaced Persons (Land Settlement) Act (XLVII of 1958), Constitution of Pakistan (1973)
Sections 10, 11, 185(3)