| Case ID |
38c3fa01-82f9-4d2c-85ef-ec5129a9a731 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 208 |
| Decision Date |
Feb 11, 1978 |
| Hearing Date |
Feb 11, 1978 |
| Decision |
The Supreme Court held that the question of whether the property consisted of one house or two is a factual matter that falls within the exclusive jurisdiction of the Settlement authorities. The High Court should not have interfered with the findings of the Settlement authorities in a writ petition. The Court also noted that the Assistant Settlement Commissioner had the authority to determine the existence of two houses based on the evidence presented, and the High Court's dismissal of the writ petition was justified since the petitioner had not established any legal error in the findings of the Settlement authorities. The Court concluded that the revisions filed by the respondents were competent and the orders made were within the jurisdiction of the Settlement Commissioner. |
| Summary |
In the case of SAQLAIN vs. Mst. HAZRA BEGUM AND 2 others, the Supreme Court of Pakistan addressed the issue of property ownership under the Displaced Persons (Compensation and Rehabilitation) Act. The primary legal question was whether the property in dispute comprised one house or two separate houses. The Court emphasized that such factual determinations are under the exclusive jurisdiction of the Settlement authorities and should not be subject to judicial interference unless a clear error of law is demonstrated. The ruling confirmed that the Assistant Settlement Commissioner had the authority to resolve disputes regarding property claims, and the findings made were upheld, reinforcing the importance of adhering to established legal procedures in property disputes. This case highlights the complexities of property law in the context of displaced persons and the role of judicial review in administrative determinations. Key terms include property law, settlement authority, judicial review, and administrative law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKRAM,
DORAB PATEL,
QAISAR KHAN
|
| Lawyers |
Bashir Ahmad Ansari,
Ch. Akhtar Ali
|
| Petitioners |
SAQLAIN
|
| Respondents |
2 others,
Mst. HAZRA BEGUM
|
| Citations |
1981 SLD 371,
1981 SCMR 645
|
| Other Citations |
Ghulam Mohi-ud-Din v. Chief Settlement Commissioner P L D 1974 S C 829,
Muhammad Afzal v. Member, Board of Revenue P L D 1967 S C 314,
Ghulam Fatima v. Muhammad Hussain P L D 1976 S C 729
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
2(4),
20,
10,
19
|