| Case ID |
2e5f5fd6-fe5c-4f40-83c3-901ff44c2655 |
| Body |
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| Case Number |
Civil Appeal No. 68 of 1969 |
| Decision Date |
Oct 23, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal, setting aside the orders of the Settlement Commissioner and the High Court. The case was remanded to the Settlement Commissioner to consider whether the property in dispute is a shop or a house and whether respondent Muhammad Ali is entitled to the transfer of another property. If it is determined that Muhammad Ali is not entitled to another property, the transfer of the disputed property in favor of the appellants will be maintained. The costs of the appeal will be the costs in the cause before the Settlement Commissioner, Multan. |
| Summary |
This case revolves around the Displaced Persons (Compensation and Rehabilitation) Act, addressing the legal complexities of property transfer and auction processes. The Supreme Court of Pakistan intervened to rectify the errors made by the Settlement Commissioner regarding property rights of displaced persons. The case highlights the intricacies of property law and rehabilitation rights, emphasizing the importance of proper legal procedures and fair treatment of displaced persons in property disputes. The decision ensures that the rights of the appellant are protected, maintaining the integrity of the auction process and the legal framework governing property transfers. The ruling sets a precedent for future cases involving similar circumstances, reinforcing the legal protections afforded to displaced persons under the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
WAHEEDUDDIN AHMAD,
SALAHUDDIN AHMED
|
| Lawyers |
Ch. Muhammad Anwar Buttar, Advocate Supreme Court,
S. Wajid Hussain, Advocate-on-Record
|
| Petitioners |
2 others,
AYAZ MUHAMMAD
|
| Respondents |
2 OTHERS,
CHIEF SETTLEMENT COMMISSIONER, LAHORE
|
| Citations |
1974 SLD 120,
1974 SCMR 134
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Not available
|