| Case ID |
38ce59d2-43ef-4aba-944a-2d23f85f324c |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 102 |
| Decision Date |
Feb 02, 1981 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by the petitioners, Muhammad Tufail Aftab and another, against the finding of fact made by the Deputy Settlement Commissioner regarding the disputed basement. The court upheld the conclusion that the basement in question forms part of the adjoining house, and thus the High Court had no jurisdiction to alter this factual finding. Consequently, the petitioners' writ petition was rightly dismissed, and leave to appeal was denied as the petition lacked merit. |
| Summary |
In the case of Civil Petition for Special Leave to Appeal No. 1022 of 1975, the Supreme Court of Pakistan addressed a dispute regarding the ownership of a basement situated at House No. BE. IV. 41-S-12. The petitioners, Muhammad Tufail Aftab and another, contended that the basement was part of their transferred property. However, three officers from the Settlement Department had previously determined that the basement belonged to the adjoining property, House No. SE. IV 41-S-10. The High Court, upon reviewing the case, concluded that it lacked jurisdiction to question the factual findings established by the Settlement Department. As a result, the petitioners' appeal was dismissed, and the Supreme Court confirmed this decision, emphasizing the importance of jurisdiction and adherence to factual determinations made by administrative bodies. This case highlights the legal principles surrounding property rights, jurisdiction, and the authority of settlement officers in Pakistan. Keywords: property rights, Supreme Court of Pakistan, jurisdiction, factual findings, legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel,
Fakhruddin G. Ebrahim
|
| Lawyers |
Muhammad Abdullah Bajwa,
Sh. Abdul Karim
|
| Petitioners |
another,
Muhammad Tufail Aftab
|
| Respondents |
Chief Settlement and Rehabilitation Commissioner
|
| Citations |
1982 SLD 343,
1982 SCMR 466
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|