| Case ID |
2c6eb2d4-2108-4d37-877a-8f054e5abd4f |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 131 |
| Decision Date |
May 21, 1980 |
| Hearing Date |
|
| Decision |
The petition for leave to appeal was dismissed. The case involved a dispute over the transfer of a shop and house under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The court found that the Deputy Settlement Commissioner should not have ignored the agreement of association, especially since it was established that the petitioner was in exclusive possession of the shop. The court ruled that the agreements of association could be accepted after a person was found entitled but before the order of transfer was finalized. The decision emphasized the importance of recognizing agreements made between parties regarding property ownership, especially in cases involving displaced persons and their rights to compensation and rehabilitation. The arguments presented by the petitioner's counsel were found to be without merit, leading to the dismissal of the petition. |
| Summary |
This case revolves around the interpretation of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, particularly regarding the transfer of property rights through agreements of association. The Supreme Court of Pakistan dealt with the complexities of property transfer among displaced persons, emphasizing the validity of agreements made prior to formal transfers. The court highlighted that the Deputy Settlement Commissioner had a duty to recognize existing associations when determining property transfers, especially when one party had been in exclusive possession. The ruling reinforces the legal standing of agreements made in good faith and the importance of due process in property disputes. This case is significant for advocates and legal practitioners dealing with property rights and rehabilitation issues for displaced persons, making it a crucial reference point in similar future cases. Key terms include property transfer, displaced persons, legal agreements, and rehabilitation rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
MUHAMMAD AFZAL ZULLAH
|
| Lawyers |
A. R. Shaukat, Senior Advocate Supreme Court,
S. Inayat Hussain, Advocate-on-Record
|
| Petitioners |
MUHAMMAD SHARIF
|
| Respondents |
8 others,
THE SETTLEMENT COMMISSIONER, SARGODHA
|
| Citations |
1981 SLD 490,
1981 SCMR 886
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act, 1958
|
| Sections |
Part II
|