| Case ID |
35eb2330-f14e-4449-9dbd-50145cbe4d5d |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No.900 |
| Decision Date |
Aug 15, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, affirming the Lahore High Court's decision. The case involved a challenge to a property transfer made by an attorney, which the petitioners claimed was fraudulent. However, the court found that the petitioners had acquiesced to the transfer and that the factual controversy could not be raised at this late stage. The court emphasized that the power of attorney was executed and acted upon, and thus the challenge was deemed too late. The court further noted that the evidence presented did not support the claim of fraud, leading to the dismissal of the petition. |
| Summary |
In this case, the Supreme Court of Pakistan dealt with a petition challenging a property transfer made under the Displaced Persons (Compensation and Rehabilitation) Act. The case arose from a constitutional petition filed by Barkat Ali, who claimed that the agent acted beyond his authority and fraudulently executed the transfer. However, the court found that the petitioners had previously accepted the transfer and could not raise the issue of fraud at such a late stage. The judges noted the importance of adhering to legal procedures and the implications of acquiescence in property transactions. This ruling underscores the necessity for parties to act promptly in challenging legal decisions to ensure their rights are preserved. The decision serves as a significant reference for similar cases involving property disputes and agent authority in Pakistan's legal landscape. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
M.S.H.QURAISHI
|
| Lawyers |
Not available
|
| Petitioners |
AKHTAR HUSSAIN
|
| Respondents |
SETTLEMENT COMMISSIONER
|
| Citations |
1985 SLD 504,
1985 SCMR 520
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Art.185(3),
S.10
|