| Case ID |
22571bd6-7354-44c4-8c44-e68bd1908d04 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 86 |
| Decision Date |
Jun 14, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, affirming the decisions of the Settlement Authorities. The Court ruled that the petitioner, having entered into an agreement of association with respondent No. 3, was estopped from disputing her title to the property. The Court emphasized that the respondent's rights were not affected by the earlier proceedings as she was not made a party to those proceedings. The petitioner’s argument that the agreement was invalid was also rejected, with the Court noting the lack of appeal against the issuance of the Property Transfer Order (P.T.O.) in favor of the respondent. The decision underscored the principles of estoppel and the finality of administrative orders in property transfer disputes. |
| Summary |
This case revolves around a dispute concerning the transfer of a house under the Displaced Persons (Compensation and Rehabilitation) Act. The petitioner, Muhammad Sharif, claimed rights over the property based on an agreement with Mst. Musharaf Sultana. However, the Supreme Court of Pakistan ruled against the petitioner, citing that the respondent's Property Transfer Order had attained finality and could not be challenged. Key legal principles discussed included estoppel and the finality of administrative orders. The case highlights the importance of proper party representation in legal proceedings and the binding nature of agreements made under the relevant laws concerning displaced persons. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI, ACTG. C.J.,
MUHAMMAD GUL, J
|
| Lawyers |
Mian Fazali Mahmood,
Rana Maqbool Ahmad Kadri,
Sh. Abdul Karim
|
| Petitioners |
MUHAMMAD SHARIF
|
| Respondents |
SETTLEMENT COMMISSIONER,
Mst. Musharaf Sultana,
Hamid-ud-Din
|
| Citations |
1973 SLD 173,
1973 SCMR 495
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),
Evidence Act (I of 1872)
|
| Sections |
19,
20,
22,
115
|