| Case ID |
26106419-b5a3-43eb-b8d8-c40d42556507 |
| Body |
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| Case Number |
|
| Decision Date |
Sep 14, 1981 |
| Hearing Date |
Sep 14, 1981 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the appellants, confirming the decisions of the lower courts regarding the excess allotment of land. The court found that the allottee, Fazal Muhammad, had the right to choose which portion of the land to surrender, and there was no evidence of fraud that would prevent him from exercising that choice. The court ruled that the appellants' claim for compensation was not valid, as the allottee had offered to refund the purchase money, which was fair at the time of the offer. The concurrent decisions of the Settlement authorities and the High Court were upheld, reinforcing the principles of justice and equity in land allotment cases. |
| Summary |
In the case concerning land allotment, the Supreme Court of Pakistan addressed the rights of a land allottee in relation to excess land allotment and the implications of fraud. The court examined whether the allottee could surrender land that he had sold to the appellants. It ruled that the allottee's choice to surrender the land was valid, given that the excess allotment was not the result of fraud. The court emphasized the need for fairness in land transactions and upheld the decisions of the lower courts. This case highlights key issues in real estate law and the rights of allottees under land rehabilitation schemes, making it significant for future land disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
SHAFIURREHMAN,
S. H. QURESHI
|
| Lawyers |
Sh. Ghias Muhammad,
M. A. Qadri,
Mian Mahmood Ali Kasuri,
Muhammad Yousuf Khan
|
| Petitioners |
MUHAMMAD HUSSAIN,
OTHERS
|
| Respondents |
ANOTHER,
SETTLEMENT AND REHABILITATION COMMISSIONER (LAND) LAHORE DIVISION
|
| Citations |
1982 SLD 679,
1982 PLD 43
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| Other Citations |
Khuda Bakhsh v. Deputy Rehabilitation Commissioner (Lands), Lyallpur 1968 S C M R 1084,
Sher Muhammad v. Chief Settlement Commissioner 1971 S C M R 339,
Mushtaq v. Settlement Commissioner (Land), Lahore 1974 S C M R 74,
Chotu v. Chief Settlement Commissioner 1978 SCMR 350
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| Laws Involved |
Not available
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| Sections |
Not available
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