| Case ID |
2cd6e0cc-c16c-475f-b8ef-39f785bf8490 |
| Body |
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| Case Number |
Civil Petitions for Leave to Appeal Nos. 1208-L, 1 |
| Decision Date |
May 06, 1999 |
| Hearing Date |
Apr 23, 1999 |
| Decision |
The Supreme Court ruled that the Settlement Authorities had no jurisdiction to entertain fresh petitions concerning agricultural property not remanded by the Supreme Court. The court highlighted that the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, indicated that only pending matters could be finalized by Notified Officers, thus invalidating prior proceedings that were not based on remanded claims. The court emphasized that once claims were finalized, they could not be reopened, effectively closing the door on the petitioners' claims to agricultural property previously vested in their elder brother. Consequently, the petitions were dismissed on the grounds of legal precedent and jurisdictional authority. |
| Summary |
This case revolves around the interpretation of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, and its implications on property claims by the descendants of Nawab Faiz Ali Khan. The Supreme Court of Pakistan addressed whether the Settlement Authorities could entertain new petitions regarding agricultural property rights that had already been finalized. The court determined that the rules established by the Act limited the authority of the Settlement Authorities to only those matters that were actively pending or remanded by higher courts. The ruling reinforced the notion that once a legal claim was settled, it could not be revisited, thereby upholding the finality of previous decisions. This case is significant in understanding property rights and the limitations placed on claims under the repealed laws, making it a vital reference for similar disputes in the future. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, C.J.,
MUNAWAR AHMED MIRZA,
KAMAL MANSUR ALAM
|
| Lawyers |
Ch. Muhammad Abdullah,
Ch. Mushtaq Ahmed,
Sh. Masud Akhtar,
Sh. Abdul Aziz,
Tanvir Ahmed,
Arif Chaudbry,
Ch. Talib Hussain
|
| Petitioners |
Nawabzada ZAFAR ALI KHAN,
Nawabzada Fayyaz Ali Khan,
Nawabzada Aftab Ali Khan,
Nawabzada Rajab Ali Khan
|
| Respondents |
CHIEF SETTLEMENT COMMISSIONER,
MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE
|
| Citations |
1999 SLD 396 = 1999 SCMR 1719
|
| Other Citations |
Yousaf Ali v. Muhammad Aslam Zia PLD 1958 SC 104,
Khuda Bakhsh v. Khushi Muhammad PLD 1976 SC 208,
Munsab Ali v. Amir and others PLD 1971 SC 124,
Maj. Syed Walayat Shah v. Muzaffar Khan PLD 1971 SC 184,
Sindh Employees' Social Security Institution v. Dr. Mumtaz Ali Taj PLD 1975 SC 450,
Province of the Punjab v. Dr. S. Muhammad Zaffar Bukhari PLD 1997 SC 351,
Syed Saifullah v. Board of Revenue, Balochistan PLD 1991 SC 1255,
Muhammad Ikram Chaudhry v. Federation of Pakistan PLD 1998 SC 103,
Abdul Majid v. Abdul Ghafoor PLD 1982 SC 146
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act,
Constitution of Pakistan (1973)
|
| Sections |
2(2)(3)(4),
189,
184(3),
199,
185(3)
|