| Case ID |
2cc3839a-e607-4cf4-aee4-7c79adcd404d |
| Body |
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| Case Number |
Civil Appeals Nos. 41 and 42 of 1976 |
| Decision Date |
Oct 26, 1976 |
| Hearing Date |
Oct 12, 1976 |
| Decision |
The Supreme Court of Pakistan dismissed the appeals, holding that the Deputy Commissioner's order dated 31-3-1971, which declared the claims of Hassan and Khushi Muhammad as genuine, attained finality. The court ruled that allowing a fresh inquiry into the genuineness of the claims would amount to an impermissible review of the earlier order. The court emphasized that any order made under the Displaced Persons (Land Settlement) Act is final and cannot be questioned in courts unless a revision is sought under section 21. The court also clarified that the respondents, being transferees for value, could not be penalized for any alleged fraud or misrepresentation by their predecessors-in-title. The court found that the arguments for reopening the case due to alleged fraud were not valid, as the conduct of the Central Record Office staff was not directly in question within the purview of the Act. Therefore, the appeals were dismissed with costs to the respondents. |
| Summary |
In the case of Civil Appeals Nos. 41 and 42 of 1976, the Supreme Court of Pakistan addressed significant legal questions surrounding the Displaced Persons (Land Settlement) Act and the Transfer of Property Act. The appeals arose from a dispute over land claims by displaced persons, where the Deputy Commissioner had previously ruled the claims as genuine. The appellants contended that new evidence of fraud warranted a reopening of the case. However, the Supreme Court upheld the finality of the Deputy Commissioner's order, reinforcing the principle that decisions made under the Displaced Persons Act are conclusive unless challenged under specific provisions. The court's decision highlighted the importance of legal certainty and the protection of rights for bona fide purchasers in property transactions. The ruling serves as a precedent in matters of land claims and the authority of settlement commissioners, emphasizing the limits of judicial review in administrative decisions. This case underscores the need for adherence to statutory provisions and the protection of property rights, making it a critical reference point in land settlement jurisprudence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI, C.J.,
MUHAMMAD GUL,
DORAB PATEL
|
| Lawyers |
Malik Maqbul Elahi,
Muhammad Arif,
Rana Abdur Rahim
|
| Petitioners |
ABDUL HAQ,
BASHIR AHMAD
|
| Respondents |
OFFICER ON SPECIAL DUTY, CENTRAL RECORD OFFICE,
CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE
|
| Citations |
1977 SLD 140,
1977 SCMR 208
|
| Other Citations |
Raunaq Ali v. Chief Settlement Commissioner and others P L D 1973 S C 236
|
| Laws Involved |
Displaced Persons (Land Settlement) Act,
Transfer of Property Act
|
| Sections |
22,
10,
11,
41
|