| Case ID |
2074565e-0e96-42f1-b0d5-c06196ba25ff |
| Body |
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| Case Number |
C.A. Nos. 86 & 97 of 2002 |
| Decision Date |
Aug 03, 2007 |
| Hearing Date |
Jun 26, 2007 |
| Decision |
The appeal filed by Tahir Mehmood and others is accepted. The order of the Custodian regarding cancellation of proprietary rights of late Sh. Mehmood Ahmed is hereby set aside. The proprietary rights granted to late Sh. Mehmood regarding land measuring 31 Kanals, 10 Marlas stand restored. The appeal filed by Khalid Sharif and others is hereby dismissed. Keeping in view the circumstances of the case, we pass no order as to cost. |
| Summary |
The case revolves around the interpretation of the Administration of Evacuee Property Act, particularly Section 18-B(1)(e) regarding the powers of the Custodian in granting proprietary rights. It highlights the complexities involved in allotments of evacuee property, focusing on the historical context of land allotments post-partition. The Supreme Court ruled that once proprietary rights are granted, the Custodian cannot cancel those rights arbitrarily. This decision underscores the importance of legal rights in property ownership and the need for due process in administrative decisions. The ruling emphasizes protecting the interests of the allottees and preventing undue litigation. The case is significant for understanding property law in the context of refugee rights and government regulations. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD REAZ AKHTAR CHAUDHRY, C.J.,
KHAWAJA SHAHAD AHMED, J
|
| Lawyers |
Mr. M. Tabassum Aftab Alvi,
Mr. Asghar Ali Malik
|
| Petitioners |
TAHIR MAHMOOD & others
|
| Respondents |
KHALID SHARIF & others
|
| Citations |
2007 SLD 3472,
2007 PLJ 173
|
| Other Citations |
PLD 1999 Lah. 76
|
| Laws Involved |
Administration of Evacuee Property Act, 1957
|
| Sections |
18-B (1)(e),
Multiple Allotment Act, 1961
|