| Case ID |
2de6532c-0846-46d8-ac83-5cb948949657 |
| Body |
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| Case Number |
Civil Appeal No. 75 of 1975 |
| Decision Date |
Mar 11, 1986 |
| Hearing Date |
Mar 10, 1986 |
| Decision |
In this appeal, the Supreme Court addressed the dispute over the Malawa Ram Cotton Factory, focusing on whether the property auctioned included Khasra No. 792. The court noted conflicting documents supporting both the appellants' and respondent's claims. The High Court had found tampering with records and accepted the petition based on the Permanent Transfer Deed (PTD) issued to Abdul Majid. The appellants, claiming to be allottees of Khasra No. 792, argued that it was wrongly included in the PTD. The Supreme Court concluded that the Settlement Commissioner failed to examine the relevant documents properly. Therefore, the case was remanded for further inquiry into the authenticity of the documents and the appellants' standing to challenge the respondent's claim. No costs were ordered. |
| Summary |
This case revolves around the legal complexities of property rights under the Displaced Persons (Compensation and Rehabilitation) Act, particularly regarding the auction of the Malawa Ram Cotton Factory. The Supreme Court of Pakistan examined the validity of documents related to the auction and the claims of both parties. The judgment highlights issues such as evidence examination and the responsibilities of the Settlement Commissioner in determining property rights. The case underscores the importance of thorough documentation in property disputes, especially in cases involving evacuee properties. This decision serves as a precedent in matters concerning the legitimacy of property transfers and the legal standing of claimants in similar disputes. Keywords: property rights, legal complexities, Displaced Persons Act, Supreme Court of Pakistan, evidence examination, property disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
NASIM HASAN SHAH,
MIAN BURHANUDDIN KHAN, JJ
|
| Lawyers |
Maulvi Sirajul Haq, Advocate Supreme Court instructed by M.A. Siddiqi, Advocate-on-Record for Appellants.,
Khalid Farooq, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Respondent No. 1.
|
| Petitioners |
YAQEENUDDIN and others
|
| Respondents |
ABDUL MAJID and others
|
| Citations |
1986 SLD 771,
1986 SCMR 1198
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act
|
| Sections |
10
|