| Case ID |
37c86483-75cf-4449-b36b-6665e722ddc2 |
| Body |
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| Case Number |
Civil Petition No.47 of 1984 |
| Decision Date |
Jan 08, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition as the petitioner, Abdul Rahim, failed to establish his possession over the disputed property. The concurrent findings of fact by the lower courts were upheld, indicating that the petitioner had filed a belated LH Form and was not found in possession of the property in dispute. The court noted that the findings from the Deputy Settlement Commissioner and the Settlement Commissioner were definitive and had not been challenged adequately. As such, the petitioner's entitlement to the allotment of the disputed plot was dismissed without merit. |
| Summary |
In the case of Civil Petition No.47 of 1984, the Supreme Court of Pakistan addressed the entitlement of the petitioner, Abdul Rahim, to property allotment under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The court emphasized the importance of established possession in property disputes. The petitioner’s claims were based on a belated LH Form, which was ultimately rejected after thorough inquiry. The case highlighted the judicial principle that findings of fact by lower courts should not be interfered with unless there are significant errors. The decision reinforced the need for concrete evidence in property claims, particularly when competing claims exist. Keywords: property law, possession, Supreme Court, Pakistan, Displaced Persons Act, legal entitlement. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
GHULAM MUJADDID,
SAAD SAOOD,
JAN,
ABDUL SHAKURUL SALAM
|
| Lawyers |
Not available
|
| Petitioners |
ABDUL RAHIM
|
| Respondents |
MUHAMMAD HUSSAIN
|
| Citations |
1991 SLD 1461,
1991 SCMR 1931
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),
Constitution of Pakistan (1973)
|
| Sections |
10,
185(3)
|