| Case ID |
2bd99f3f-16cd-462e-92bc-f155b022d820 |
| Body |
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| Case Number |
Civil Petition No.38-L of 2001 |
| Decision Date |
Jan 22, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition challenging the Lahore High Court's judgment that had previously dismissed the petitioners' appeal against the Administrative Civil Judge's decree. The Court upheld the findings that the property in question remained mortgaged to non-Muslim evacuees, and that the local mortgagors maintained ownership rights. The Court clarified that the Custodian of Evacuee Property only held mortgage rights, and the right to redeem the mortgage was never extinguished. As such, the Settlement Authorities had no power to transfer ownership rights of the property. This decision highlights the complexities of property ownership and rights concerning evacuee properties under the applicable laws, emphasizing the necessity for clear legal interpretations of such rights. |
| Summary |
In the case of Rashida Begum and others vs. Sadi Baig and others, the Supreme Court of Pakistan addressed significant issues pertaining to the Pakistan (Administration of Evacuee Property) Act and the Displaced Persons (Land Settlement) Act. The case revolved around the ownership and rights related to a property that had been mortgaged to non-Muslim evacuees. The Supreme Court ruled that the property did not change ownership and remained with the local mortgagors, emphasizing the legal standing of mortgage rights. This ruling is crucial for understanding property laws and the implications of evacuee property legislation, especially in the context of ownership rights and redemption processes. The decision reinforces the importance of adhering to legal statutes governing property and the rights of individuals in such transactions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
JAVED IQBAL,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Rana Liaquat Ali Khan
|
| Petitioners |
others,
RASHIDA BEGUM
|
| Respondents |
others,
SADI BAIG
|
| Citations |
2003 SLD 642,
2003 SCMR 1456
|
| Other Citations |
Muhammad Khan and others v. The Chief Settlement and Rehabilitation Commissioner, West Pakistan and another PLD 1962 SC 284,
Rehmat Ali v. Member, Board of Revenue and another 1974 SCMR 171,
M.A. Hafeez Khan and 9 others v. Riaz Ahmad Mehra and 3 others 1983 SCMR 803
|
| Laws Involved |
Pakistan (Administration of Evacuee Property) Act,
Displaced Persons (Land Settlement) Act
|
| Sections |
7,
8,
22,
25,
41,
25
|