| Case ID |
3731b2d4-aa87-4750-8eed-90b5ae07c504 |
| Body |
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| Case Number |
C.A. No. 24 of 2020 |
| Decision Date |
Aug 26, 2021 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the appellant failed to establish that the allotment permits and proprietary rights transfer orders were void and had not challenged them within a reasonable time. The court upheld the decisions of the learned Custodian and the High Court, emphasizing the importance of adhering to the limitation period set by law. The appellant's claims regarding the land allotment were deemed time-barred, and the court found no illegality in the previous orders. The decision underscored the necessity for parties seeking condonation of delay to provide satisfactory explanations for each day of delay. |
| Summary |
In the case of Deeba Begum alias Wahiba vs. Safia Iqbal and others, the Supreme Court of Azad Jammu and Kashmir dealt with the matter of allotment permits issued under the Administration of Evacuee Property Rules, 1950. The appellant challenged the issuance of these permits and the proprietary rights transfer orders (PRTO) after significant delays, which raised questions about the timeliness of her claims. The court emphasized the importance of adhering to legal timelines and the requirement for petitioners to provide sufficient justification for any delays in bringing their cases forward. The ruling reinforced the notion that legal rights must be asserted within reasonable timeframes to maintain their validity, thus highlighting the critical nature of procedural compliance in property disputes. The decision serves as a crucial reference for future cases involving similar issues of allotment and property rights under the evacuee property regulations, ensuring that parties remain vigilant about their legal rights and obligations in a timely manner. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
KH. MUHAMMAD NASIM,
RAZA ALI KHAN
|
| Lawyers |
Mrs. Bilqees Rasheed Minhas,
Mr. Shahid Ali Awan,
Syed Mehar Ali Shah Bukhari
|
| Petitioners |
DEEBA BEGUM alias WAHIBA
|
| Respondents |
SAFIA IQBAL and others
|
| Citations |
2022 SLD 1788,
2022 PLJ 32
|
| Other Citations |
2016 SCR 90,
PLJ 2001 SC (AJK) 368,
1992 SCR 214
|
| Laws Involved |
Administration of Evacuee Property Rules, 1950
|
| Sections |
17(3)
|