| Case ID |
2d44b50d-de73-4d37-99c6-409614f7975d |
| Body |
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| Case Number |
Civil Revision No. 1825/D of 1990 |
| Decision Date |
Jun 10, 1996 |
| Hearing Date |
Dec 07, 1995 |
| Decision |
The Lahore High Court accepted the revision petition, reversed the judgments and decrees of the lower courts, and decreed the suit of the petitioners with costs throughout. The court held that the petitioners, being owners of land below the ceiling fixed under the West Pakistan Land Reforms Regulation, 1959, could not be deprived of their ownership rights without due process. The court emphasized that the legal effect of surrendering mortgagee rights had not adversely affected the ownership rights of the petitioners. The court determined that the decisions made by the Land Commission regarding the ownership rights of the petitioners were void and of no legal effect. |
| Summary |
This case revolves around the ownership rights of the petitioners, MAULA DAD KHAN and others, over a piece of land that was subject to mortgage agreements. The Lahore High Court examined the implications of the West Pakistan Land Reforms Regulation, 1959, particularly focusing on the rights of owners whose land was below the legal ceiling. The court found that the petitioners were not required to surrender their ownership rights, as their land fell within permissible limits established by the regulation. The court's ruling highlighted the importance of due process, asserting that any transfer of ownership rights without the owner's consent violated legal principles. The decision set a precedent regarding the protection of property rights under the Land Reforms Regulation and reinforced the jurisdictional authority of civil courts to adjudicate such matters. Keywords: ownership rights, land reforms, mortgage rights, legal authority, due process. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH, J
|
| Lawyers |
Malik Allah Wasaya,
Malik Ameer Muhammad Joya,
Malik Noor Muhammad Awan
|
| Petitioners |
MAULA DAD KHAN and others
|
| Respondents |
THE PROVINCIAL GOVERNMENT OF THE PUNJAB and others
|
| Citations |
1997 SLD 557 = 1997 CLC 59
|
| Other Citations |
E.A. Evans v. Muhammad Ashraf PLD 1964 SC 536,
Malik Abdul Aziz v. West Pakistan Publishing Company PLD 1965 (W.P.) Lah. 82,
Zafar .ul Ahsan v. The Republic of Pakistan through Cabinet Secretary, Government of Pakistan PLD 1960 SC (Pak) 113
|
| Laws Involved |
West Pakistan Land Reforms Regulation, 1959,
Civil Procedure Code (V of 1908)
|
| Sections |
Para. 25,
Para. 4(5),
S.9,
S.115
|