| Case ID |
26230123-4fb9-4b4a-953a-8ab1b75f266b |
| Body |
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| Case Number |
Civil Appeal No. 39 of 1972 |
| Decision Date |
Mar 28, 1974 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal, concluding that the appeal filed by Respondent No. 1 was rightly dismissed by the Additional Settlement Commissioner on the grounds of limitation. It was determined that the Permanent Transfer Deed (P.T.D.) could not be canceled by the Settlement authorities based on claims of fraud or misrepresentation after the relevant rule was deleted. Therefore, the proper remedy for Respondent No. 1 is to challenge the P.T.D. in a Civil Court if advised. The case underscores the importance of adhering to statutory timelines and the limitations imposed by law on the powers of Settlement authorities regarding Permanent Transfer Deeds. |
| Summary |
In the landmark case of Mst. Jehan Ara Begum vs. Bashir Ahmad and Others, the Supreme Court of Pakistan addressed critical issues regarding the Displaced Persons (Compensation and Rehabilitation) Act, particularly focusing on the appeals process and the authority of Settlement authorities post the deletion of Rule 7 pertaining to Permanent Transfer Deeds. The Court's decision emphasized that appeals must be filed within stipulated timeframes, and any claims of fraud must be pursued through civil litigation rather than administrative avenues. This case serves as a significant reference point for legal practitioners involved in property disputes, especially those involving displaced persons, and highlights the judicial interpretation of limitation periods, thereby reinforcing the need for timely legal action. The ruling has broader implications for property law and administrative justice in Pakistan, making it essential reading for advocates and legal scholars alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
WAHEEDUDDIN AHMED,
MUHAMMAD GUL, JJ
|
| Lawyers |
M. Aslam Khan, Advocate Supreme Court,
Ejaz Ahmad Khan, Advocate-on-Record for Appellant,
Abid Hassan Minto, Advocate Supreme Court,
Sh. Masud Akhtar, Advocate-on-Record for Respondent No. 1
|
| Petitioners |
Mst. JEHAN ARA BEGUM
|
| Respondents |
OTHERS,
BASHIR AHMAD
|
| Citations |
1975 SLD 295,
1975 SCMR 401
|
| Other Citations |
Syed Ahmad Abbas Zaidi v. Settlement Commissioner, Rawalpindi and others P L D 1968 Lab. 166,
Haji Faizul Haque Khan v. Syed Abdul Hamid and another Civil Appeal No. 109 of 1969
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),
Constitution of Pakistan (1962)
|
| Sections |
19,
98
|