| Case ID |
38c6bbb9-0023-4eb8-8a20-bea225d31ec5 |
| Body |
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| Case Number |
Writ Petition No. 22-R of 1988 |
| Decision Date |
Nov 23, 1993 |
| Hearing Date |
Nov 23, 1993 |
| Decision |
The Lahore High Court dismissed the writ petition, concluding that the plots in question were not available for disposal under the Resumed Property Scheme due to the lack of proper resumption procedures and notice as required by the Settlement Scheme No. VIII. The court reiterated the importance of due process in property resumption, emphasizing that without the issuance of a demand notice, the property could not be deemed resumed. The court found that the auction was validly confirmed, and the respondents had not been afforded the opportunity to rectify their alleged default, thus upholding their rights to the property. |
| Summary |
In the case of Writ Petition No. 22-R of 1988, the Lahore High Court addressed the complexities surrounding property resumption under the Settlement Scheme No. VIII. The controversy arose when Muhammad Hayat Khan petitioned against the Administrator of Residual Property, claiming rights to two plots he believed were improperly transferred to him. The court examined the legal requirements for property resumption, particularly the necessity for prior notice to alleged defaulters before any resumption actions could take place. The court found that the prior auction of the plots had been confirmed and that the respondents had not been given due process regarding the payment of the auction price. The lack of a formal cancellation of the auction or a demand notice meant that the plots were not available for transfer under the Resumed Property Scheme. The decision underscored the principles of natural justice and the legal protections afforded to auction purchasers, thereby highlighting the critical role of proper legal procedures in property law. This case serves as a significant reference for future disputes involving property rights and the enforcement of settlement schemes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUSHTAQ AHMAD KHAN, J
|
| Lawyers |
Raja Muhammad Iqbal,
Muhammad Latif Khalid,
Muhammad Siddique Oureshi
|
| Petitioners |
MUHAMMAD HAYAT KHAN
|
| Respondents |
11 others,
THE ADMINISTRATOR (RESIDUAL PROPERTY), RAWALPINDI
|
| Citations |
1994 SLD 1266,
1994 CLC 633
|
| Other Citations |
Abdul Hamid and others v. Fazalur Rehman and others 1989 SCMR 120,
Inayat Ullah v. Sh. Muhammad Yusuf, etc. 1979 SCMR 487,
Shabbir Ahmad v. Mst. Kabir-un-Nisa and others PLD 1975 SC 58,
Muhammad Afzal v. Muhammad Yousuf etc. 1984 SCMR 296,
Sher Muhammad and others v. Settlement Commissioner and others 1988 SCMR 576,
Sughran Begum v. Nawab Din etc. 1986 CLC 819,
Pakistan through Secretary, Ministry of Commerce and 2 others v. Salahuddin and 3 others PLD 1991 SC 546
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| Laws Involved |
Not available
|
| Sections |
Not available
|