| Case ID |
38515acc-a95c-4d24-a4a8-7ee4151065e2 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 156 |
| Decision Date |
Dec 18, 1975 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal. The court found that the petitioner had not been able to establish that the transfer of land was valid due to the fraudulent nature of the original allotment. The petitioner purchased the land from Ghulam Rasul, who was determined to have no legitimate claim. The court ruled that the allotment could be annulled under Section 10 of the Displaced Persons (Land Settlement) Act, 1958, and that the petitioner failed to provide sufficient evidence to challenge the findings of the Settlement Commissioner. The court emphasized that the confirmation of allotment is subject to annulment in cases of fraud, thus removing any protection under Section 41 of the Transfer of Property Act. The court concluded that the arguments presented were conjectural and did not warrant further consideration. |
| Summary |
This case revolves around the legal complexities of land allotment and fraud under the Displaced Persons (Land Settlement) Act of 1958. Mst. Maryam Begum, the petitioner, sought to appeal a decision that annulled her purchase of land due to alleged fraudulent allotment. The Supreme Court of Pakistan, presided by judges Anwarul Haq and Muhammad Haleem, scrutinized the validity of the allotment made to Ghulam Rasul, from whom Maryam purchased the land. The court ruled that the petitioner could not substantiate her claims against the annulment of the land allotment, which was deemed obtained through fraudulent means. The decision highlighted the importance of due diligence in property transactions and the stringent application of laws protecting against fraudulent claims, emphasizing that the legitimacy of property transfers must be closely examined, especially when previous allotments are involved. This case serves as a critical reference for understanding the intersection of property law and fraud, particularly in the context of displaced persons' settlements in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ,
MUHAMMAD HALEEM
|
| Lawyers |
Abid Hassan Minto,
Ch. Akhtar Ali
|
| Petitioners |
Mst. MARYAM BEGUM
|
| Respondents |
Others,
Ch. SHAH MUHAMMAD
|
| Citations |
1976 SLD 294,
1976 SCMR 342
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Land Settlement) Act, 1958,
Transfer of Property Act, 1882
|
| Sections |
10,
41
|