| Case ID |
2295617a-74fc-48bd-8fe2-a4485e93df7d |
| Body |
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| Case Number |
Letters Patent Appeal No. 251 of 1965 in Writ Peti |
| Decision Date |
Dec 14, 1981 |
| Hearing Date |
Nov 15, 1981 |
| Decision |
The Lahore High Court upheld the decision of the Settlement Authorities, affirming that the inter-floor situated above the shop known as 'Standard Medical Hall' was an integral part of the shop and, thus, validly transferred to respondent Zahoor Hussain. The court found no arbitrary or excessive jurisdiction in the Settlement Commissioner's order, reinforcing that the inter-floor and the shop constituted a single indivisible unit. The appeal was dismissed with costs, establishing the legal precedent regarding the jurisdiction of Settlement Authorities in property matters involving displaced persons. |
| Summary |
This case revolves around the interpretation of property rights under the Displaced Persons (Compensation and Rehabilitation) Act and the Constitution of Pakistan. The Lahore High Court examined the legitimacy of transferring the inter-floor above a shop as part of a composite building. The judgment emphasizes the exclusive jurisdiction of Settlement Authorities in determining property transfers, particularly in cases involving displaced persons. The court clarified that possession of a part of the property suffices for the transfer of the entire unit, thereby rejecting claims based solely on possession of specific areas. This ruling highlights the importance of structural integrity in property law and affirms the authority of the Settlement Commissioner in such matters, offering valuable insights into property rights and rehabilitation laws in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKURUL SALAM,
GHAZANFAR ALI GONDAL
|
| Lawyers |
Mian Mahmood All Kasuri,
Raja Afrasiab Khan,
Syed Tallb Hussain Rizvi
|
| Petitioners |
MAHMOOD HUSSAIN
|
| Respondents |
Respondent No. 3,
Respondent No. 2,
Respondent No. 4,
ZAHOOR HUSSAIN
|
| Citations |
1982 SLD 821,
1982 PLD 442
|
| Other Citations |
Abdul Majid Khan v. Chief Settlement Commissioner PLD 1968 SC 154,
Shaukat Ali v. Settlement Commissioner PLD 1973 SC 124,
Jamalu v. Chief Settlement Commissioner PLD 1966 Lah. 1045,
Sh. Khurshid Muhammad v. Settlement Commissioner PLD 1971 SC 498,
Altaf Hussain and others v. Chief Settlement Commissioner and others PLD 1965 SC 68,
Khawaja Riffat Ali v. Settlement and Rehabilitation Commissioner PLD 1975 SC 366,
Muhammad Hanif v. Chief Settlement Commissioner Law Notes 1966 SC 11,
Amir Din v. Muhammad Siddiq PLD 1966 Lah. 416,
Mst. Fazal Bibi v. Mehr Ibrahim etc. PLD 1966 Lah. 1065,
Muhammad Rafiq v. First Additional District Judge 1968 SC MR 443,
Muhammad Yousuf v. Chief Settlement Commissioner PLD 1968 SC 101,
Abdul Ghafoor v. Settlement Commissioner 1968 SC MR 591,
A. K. Niazi etc. v. Sh. Muhammad Ismail etc. PLD 1979 SC 826
|
| Laws Involved |
Constitution of Pakistan (1962),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Art. 98,
S. 2 (12)
|