| Case ID |
210189e4-cc1f-4aeb-a2e4-bd830f009ffc |
| Body |
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| Case Number |
Writ Petition No. 226-R of 2009 |
| Decision Date |
Jan 21, 2010 |
| Hearing Date |
Jan 21, 2010 |
| Decision |
The Lahore High Court ruled in favor of the petitioners, concluding that the Chief Settlement Commissioner lacked jurisdiction due to the repeal of the evacuee laws in 1975. The court held that the Respondent's actions were without lawful authority as the relevant office had been abolished. The court emphasized the principle of past and closed transactions, stating that properties transferred before the repeal could not be reopened for claims of fraud. The High Court dismissed the application made by the respondent and quashed the proceedings initiated against the petitioners, thereby protecting their ownership rights established since 1969. |
| Summary |
In this significant case, the Lahore High Court addressed the jurisdiction of the Chief Settlement Commissioner following the repeal of the evacuee laws in 1975. The petitioners, having purchased property in 1969, faced challenges from the respondents alleging fraudulent transfer. The court determined that the Chief Settlement Commissioner had no authority to reassess past transfers, emphasizing the importance of protecting property rights and the principle of finality in legal transactions. This case underscores the legal implications of property laws in Pakistan and the necessity for clear jurisdictional boundaries in administrative decisions. Keywords: Evacuee Property, Legal Jurisdiction, Property Rights, Lahore High Court, Fraudulent Transactions, 1975 Repeal, Legal Precedents. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR, J
|
| Lawyers |
Muhammad Khalid Mehmood Khan for Appellant,
Hafiz Muhammad Yusuf for Respondent,
Nemo for Respondent
|
| Petitioners |
,
Dr. MUHAMMAD IQBAL
|
| Respondents |
another,
MEMBER, BOARD OF REVENUE CHIEF SETTLEMENT COMMISSIONER, Lahore
|
| Citations |
2010 SLD 328,
2010 PLD 249
|
| Other Citations |
2009 YLR 1255,
PLD 1993 SC 147,
1973 SCMR 624,
1975 SCMR 401,
PLD 1976 Lah. 17,
1987 SCMR 1441,
1991 SCMR 1604,
1999 YLR 1627,
1999 SCMR 1719,
2001 CLC 81,
2002 CLC 384,
PLD 2002 SC 5,
PLD 2003 SC 132,
PLD 2009 Lah. 78,
PLD 1975 SC 331,
1989 SCMR 819,
2004 MLD 1053,
PLD 1991 SC 691
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975,
Constitution of Pakistan, 1973,
Displaced Persons (Compensation and Rehabilitation) Act, 1958
|
| Sections |
2(2),
2,
185(3),
199,
10,
11
|