| Case ID |
2302de6e-7e7b-4e29-9e26-451ae86afd22 |
| Body |
View case body. Login to View |
| Case Number |
Not Applicable |
| Decision Date |
Jan 01, 1993 |
| Hearing Date |
|
| Decision |
The appeal was dismissed on the grounds of the revision petition being time-barred. The appellant's claim regarding the void nature of the order dated March 4, 1954, was not sufficient to overcome the delay in filing the necessary petitions. The court held that the appellant was aware of the order and failed to challenge it in a timely manner, thus validating the previous decisions made by the Custodian and the High Court. This ruling underscores the importance of adhering to legal timelines and the consequences of acquiescence in property disputes, particularly in relation to evacuee property laws. |
| Summary |
This case revolves around the cancellation of an allotment of evacuee land in Bagh Town, which was contested by Kh. Mehtab Din after decades. The Supreme Court of Azad Jammu and Kashmir upheld the lower court's decision, emphasizing adherence to procedural timelines in legal appeals. The ruling clarifies that even claims regarding void orders must be pursued within reasonable timeframes. Legal practitioners and individuals involved in property disputes should note the implications of this case, particularly concerning the importance of prompt action in challenging administrative decisions. The case highlights key legal principles including the limitation period for appeals, the concept of void orders, and the principle of laches, making it a significant reference point for future cases in similar contexts. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Custodian of Evacuee Property,
Rehabilitation Commissioner
|
| Judges |
SARDAR SAID MUHAMMAD KHAN, C.J.,
BASHARAT AHMAD SHAIKH, J
|
| Lawyers |
M. Tabassum Aftab Alvi, Advocate for Appellant,
Syed Nazir Hussain Shah Kazmi, Advocate for Respondent
|
| Petitioners |
Kh. Mehtab Din
|
| Respondents |
Mst. Safia Akram,
AZAD GOVERNMENT through its Chief Secretary
|
| Citations |
1993 SLD 1801,
1993 CLC 988
|
| Other Citations |
Mirza Lal Hussain v. Custodian of Evacuee Property and others 1992 SCMR 214,
Sharif Ahmad Hashmi v. The Chairman, Screening Committee Lahore 1980 SCMR 711,
Ghulam Mohi-ud-Din v. Chief Settlement Commissioner PLD 1964 SC 829
|
| Laws Involved |
Pakistan Rehabilitation Rules, 1951,
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
R. 10 (2),
S. 42,
S. 44,
S. 42
|