| Case ID |
321a9865-655f-4014-b98e-a828183aa39d |
| Body |
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| Case Number |
C.P. Nos. 2349-L, 2460-L and 3348-L of 2002 |
| Decision Date |
May 29, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court administered a common judgment for the Civil Petitions for Leave to Appeal, addressing the dispute over the construction and interpretation of an association deed related to property. The court ruled that the associates would receive an area of 2 Kanals of the property, which was agreed upon through a compromise between the parties. The judgment emphasized the binding nature of the original association deed regarding the transfer price and other charges, stipulating that any amounts found due must be paid by the associates. Furthermore, the court directed the Chief Settlement Commissioner to ensure the property is vacated from illegal occupants and to facilitate the issuance of the P.T.D. to the rightful transferees within two months. This decision aims to resolve the dispute amicably and prevent further litigation. |
| Summary |
In the landmark case involving Mst. Zahida Nasreen versus the Chief Settlement Commissioner, the Supreme Court of Pakistan addressed key issues surrounding property rights and the interpretation of the association deed. The decision, rendered on May 29, 2003, confirmed the importance of clear agreements in property transactions under Pakistani law. The court provided clarity on the obligations of the associates regarding the transfer price and other charges, reinforcing the legal framework surrounding property disputes in the country. This case highlights the complexities of property law, especially in contexts involving evacuee property and displaced persons, and serves as a significant reference for future legal proceedings in similar matters. Keywords such as 'property rights', 'Supreme Court of Pakistan', 'displaced persons', and 'evacuee property law' are essential for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
KHALIL-UR-REHMAN RAMDAY
|
| Lawyers |
Ch. Qadir Bakhsh,
Ch. Mehdi Khan Mehtab,
Ahmed Awais,
M. Qureshi,
Sh. Abdul Marian,
Tanvir Ahmad,
Raja Muhammad Anwar,
Nawab Saeedullah Khan
|
| Petitioners |
Mst. ZAHIDA NASREEN
|
| Respondents |
others,
CHIEF SETTLEMENT COMMISSIONER
|
| Citations |
2004 SLD 890,
2004 SCMR 323
|
| Other Citations |
Not available
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act,
Displaced Persons (Compensation and Rehabilitation) Act,
Constitution of Pakistan
|
| Sections |
3,
28,
185(3)
|