| Case ID |
2057f74a-29ba-4f87-8ce5-023dba1462af |
| Body |
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| Case Number |
Civil Appeals Nos. 41 and 42 of 1963 |
| Decision Date |
Oct 19, 1964 |
| Hearing Date |
Jun 18, 1964 |
| Decision |
The Supreme Court of Pakistan allowed the appeals filed by the petitioners, Ch. Altaf Hussain and others, against the orders of the Chief Settlement Commissioner regarding the transfer of property. The court highlighted that the objections raised regarding the technicalities of the appeals were not substantial enough to dismiss the claims. The provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, particularly regarding the transfer of houses and the rights of claimants in possession were central to the court's decision. The court ordered that the matter be remitted back to the Chief Settlement Commissioner for further adjudication in accordance with the law, emphasizing the need for a thorough examination of the claims of both parties regarding their respective allotments and the legitimacy of the transfer of the disputed property. |
| Summary |
This case revolves around the appeals filed by Ch. Altaf Hussain and others concerning the transfer of house No. 1454-A, Wallington Mall, Lahore Cantonment, which had been claimed by multiple parties following the partition of India. The Supreme Court of Pakistan had to evaluate the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, particularly the rights of claimants and the nuances of property transfer in the context of displaced persons. The court found that the objections about the presentation of appeals were merely technical and did not affect the substantive rights of the petitioners. The decision underscored the importance of fair adjudication in property disputes arising from the partition and emphasized adherence to legal provisions governing displaced persons. The ruling also highlights the court's role in ensuring that all relevant claims are examined without undue technical hindrances, thereby promoting justice and fairness in property rights disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLEAKBAR,
B. Z. KAIKAUS,
HAMOODUR RAHMAN, JJ
|
| Lawyers |
Mahmud Ali Qasuri Senior Advocate Supreme Court,
Rafiq Ahmad Sheikh Advocate Supreme Court,
S. M. Anwar Advocate Supreme Court,
Iftikhar-ud-Din Ahmad Attorney No. 1,
Sardar Ahmad Advocate Supreme Court
|
| Petitioners |
Ch. ALTAF HUSSAIN,
JAVED IQBAL ALTAF,
BEGUM FATIMA ALTAF HUSSAIN
|
| Respondents |
SHABBIR HUSSAIN,
MUNIR HUSSAIN,
THE CHIEF SETTLEMENT COMMISSIONER, PAKISTAN, LAHORE
|
| Citations |
1965 SLD 65,
1965 PLD 68
|
| Other Citations |
Ghulam Mohyuddin v. Chief Settlement Commissioner and others Civil Appeal No. 151 of 1964 (unreported),
Fateh Muhammad v. Maula Bakhsh P L D 1963 S C 311
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act, 1958,
Constitution of Pakistan, 1962
|
| Sections |
Schedule,2(6),
16(1)(b)(c),
23,
11,
21,
2(4),
98
|