| Case ID |
37f12fda-0355-4eeb-b209-6c45c6f90265 |
| Body |
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| Case Number |
Civil Appeal No.61 of 2013 |
| Decision Date |
Jan 15, 2014 |
| Hearing Date |
Jan 08, 2014 |
| Decision |
The appeal was dismissed with costs. The Court upheld the lower courts' findings that the property in question was evacuee property and that the civil court had no jurisdiction over the matter. The plaintiffs' claims regarding ownership were found to be without merit as the property had been determined to be evacuee property by the Custodian under the Pakistan (Administration of Evacuee Property) Act, 1957. The Court reiterated that any disputes regarding the status of property as evacuee or non-evacuee must be adjudicated by the Custodian, not by the civil courts. The judgment emphasized the exclusive jurisdiction of the Custodian in such matters, confirming the dismissal of the suit by the trial court and the appellate courts. |
| Summary |
In the case of Civil Appeal No.61 of 2013, the Supreme Court of AJ&K dealt with a dispute regarding the ownership of land claimed by the appellants, who asserted that they were the rightful owners based on a sale deed. The case revolved around the classification of the property as evacuee property under the Pakistan Administration of Evacuee Property Act, 1957. The Court ruled that the civil courts lacked jurisdiction to entertain such claims and directed that matters regarding the status of property must be referred to the Custodian. The decision emphasized the importance of adhering to established legal protocols regarding evacuee properties and affirmed the necessity of resolving ownership disputes through the appropriate administrative channels. This case highlights the intersection of property law and administrative jurisdiction, shedding light on the complexities surrounding evacuee property rights in Pakistan. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AZAM KHAN, C.J.,
CH. MUHAMMAD IBRAHIM ZIA, J
|
| Lawyers |
Kh. Muhammad Nasim,
Syed Nazir Hussain Shah Kazmi
|
| Petitioners |
3 others,
MUHAMMAD ARIF
|
| Respondents |
another,
MUHAMMAD IQBAL
|
| Citations |
2014 SLD 1855 = 2014 CLC 1718
|
| Other Citations |
Abdul Shah v. Rehabilitation Department and others 1992 SCR 269,
Muhammad Sarwar Khan v. Atta Muhammad 2003 SCR 81,
Muhammad Ayub and 4 others v. Muhammad Fazil and 17 others 2005 YLR 568,
Muhammad Mumtaz Malik v. S.H.O. Police Station Kotli and 3 others 2003 YLR 1241,
Javed Iqbal v. Mst. Kulsoom Bi 1996 SCR 33,
Muhammad Ibrahim v. Custodian and 2 others 2000 YLR 2367
|
| Laws Involved |
Pakistan Administration of Evacuee Property Act,
Specific Relief Act
|
| Sections |
41,
42
|