| Case ID |
37f2c903-7156-49f7-9d63-e6ff93237262 |
| Body |
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| Case Number |
Civil Petition No.692 of 1979 |
| Decision Date |
Oct 04, 1983 |
| Hearing Date |
Oct 04, 1983 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to address the interpretation of the phrase 'land occupied by any person' in section 3(1)(b) of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. The case involved a dispute over agricultural land purchased by Respondent No.2, who had acquired it from an allottee whose allotment was later found to be excessive. The court sought to clarify whether the term referred to the original allottee or the tenant in possession, a critical distinction that affects property rights. The decision emphasized the need for clarity in the application of the law to ensure fair adjudication of property claims, especially in rural contexts where land tenure can be complex. The matter is to be heard together with a related case, Muhammad Fazil v. Settlement Commissioner. |
| Summary |
This case revolves around the interpretation of property laws in Pakistan, specifically the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. The Supreme Court of Pakistan addressed a critical legal question regarding land occupation rights, which has implications for property owners and tenants alike. The case arose when Respondent No.2 purchased agricultural land from an allottee who had obtained an excessive allocation. Subsequently, the original tenant, referred to as a 'tenant at will,' contested this purchase, leading to a legal examination of the rights of original allottees versus actual occupants. The court's decision to grant leave for appeal underscores the importance of precise legal language in property law to avoid disputes. This case is significant for those involved in land ownership and tenancy issues, as it clarifies who holds rights to land under specific legal frameworks. It highlights the complexities of property law in Pakistan and the necessity for thorough legal interpretations to protect the rights of all parties involved. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH
|
| Lawyers |
A.R. Shaukat, Sr. Advocate Supreme Court,
M. Aslam, Advocate-on-Record,
Shahzad Jehangir, Advocate Supreme Court
|
| Petitioners |
MURAD AL1
|
| Respondents |
another,
Lahore High Court,
MEMBER (S&R)/CHIEF SETTLEMENT & REHABILITATION COMMISSIONER PUNJAB
|
| Citations |
1984 SLD 865,
1984 SCMR 1274
|
| Other Citations |
Muhammad Fazil v. Settlement Commissioner & others Civil Petition No. 80 of 1981
|
| Laws Involved |
Constitution of Pakistan (1973),
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)
|
| Sections |
3(1)(b)
|