Case ID |
368a0ba0-d31a-4c8c-adb3-2fc3df20779d |
Body |
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Case Number |
Civil Petition for Special Leave to Appeal No. 318 |
Decision Date |
Oct 10, 1967 |
Hearing Date |
Oct 10, 1967 |
Decision |
The Supreme Court upheld the High Court's dismissal of the writ petition based on laches, stating that the petitioner failed to act in a timely manner regarding the transfer of property. The petitioner had not opposed the transfer proceedings and waited five years to challenge the decision, which led to the conclusion that the petition was rightly dismissed. The court emphasized the importance of timely action in legal matters, especially under Article 98 of the Constitution. |
Summary |
In this case, Jahan Khan challenged the transfer of a composite property in Sheikhupura, which was transferred to Suleman by the Chief Settlement Commissioner. The Supreme Court of Pakistan ruled that the petition was dismissed due to laches, as the petitioner had not shown sufficient interest to oppose the transfer for five years. The decision underscored the necessity of prompt legal action and clarified the petitioner's lack of locus standi. The ruling was based on constitutional grounds, specifically Article 98, highlighting the significance of legal timeliness. This case illustrates the legal principle of laches and the importance of being proactive in legal claims, especially in property disputes. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
S. A. RAHMAN,
HAMOODUR RAHMAN,
MUHAMMAD YAQUB ALI
|
Lawyers |
Ghazanfar Ali Gondal,
Muhammad Hassan
|
Petitioners |
JAHAN KHAN
|
Respondents |
OTHERS,
SULEMAN
|
Citations |
1969 SLD 16,
1969 SCMR 942
|
Other Citations |
Not available
|
Laws Involved |
Constitution of Pakistan, 1962
|
Sections |
98
|