| Case ID |
2123f090-932c-44db-a92c-6ac82c477c60 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 321/1976 |
| Decision Date |
Mar 26, 1983 |
| Hearing Date |
Mar 26, 1983 |
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's appeal regarding the allotment of a residential house and a godown. The petitioner claimed the allotment based on his father's previous rights; however, the court found that the petitioner's father had been convicted for property grabbing and had lost any claim. The court noted that the petitioner's claims were devoid of merit as the original allotment order was not contested by any party, and previous judgments regarding the father's evictions were not presented. The court concluded that the petitioner could not establish a better right than that of his father, leading to the dismissal of the appeal. |
| Summary |
This case revolves around a dispute over the allotment of residential property and a godown under the Displaced Persons (Compensation and Rehabilitation) Act of 1958. The petitioner, claiming rights based on his father's allotment, faced challenges due to his father's past convictions for property grabbing. The Supreme Court's ruling emphasized the importance of established legal rights and the implications of prior judicial decisions on current claims. The case underscores the complexities of property rights in the context of rehabilitation laws and highlights the significance of maintaining records of judicial proceedings. Keywords include property rights, rehabilitation law, Supreme Court decisions, and legal representation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Settlement Commissioner,
Assistant Settlement Commissioner
|
| Judges |
ASLAM RIAZ HUSSAIN,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
M. Talib Hussain,
Hameed Aslam Qureshi,
Iqbal Ahmad Qureshi
|
| Petitioners |
Abdul Qayum
|
| Respondents |
SETTLEMENT COMMISSIONER,
Sher Muhammad,
Abdul Rahman
|
| Citations |
1984 SLD 904,
1984 SCMR 1339
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Art. 185(3),
S.10
|