| Case ID |
3954d742-3997-498b-8067-6b939c1aa6ff |
| Body |
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| Case Number |
Civil Appeal No. 512 of 1980 |
| Decision Date |
Jun 06, 1988 |
| Hearing Date |
Jun 06, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal by GHULAM MUHAMMAD and others, the legal representatives of Mst. Fatima, who challenged the cancellation of land allotment. The Court found that the High Court acted within its discretion by not granting relief based on the established facts and the legal standing of the respondents, who had held the land for an extended period without challenge. The Court emphasized the importance of finality in allotments and the need for timely challenges, ultimately affirming the High Court's judgment and the reasons provided therein. |
| Summary |
In the case of Civil Appeal No. 512 of 1980, the Supreme Court of Pakistan addressed the appeal concerning the cancellation of land allotment to Mst. Fatima. The case raised significant constitutional questions under the Constitution of Pakistan, 1973, particularly focusing on Articles 199 and 185(3). The appellants, represented by GHULAM MUHAMMAD and others, argued that their rights as legal representatives were overlooked by the Lahore High Court, which had previously denied them relief based on a seven-year delay and lack of necessary parties in the proceedings. The Supreme Court upheld the High Court's decision, stating that the heirs of Mst. Fatima failed to challenge earlier allotments made to other parties, thus allowing those allotments to assume finality. The judgment reinforced the principle of laches and the importance of timely legal action in property disputes. This case highlights the complexities of land allotment disputes in Pakistan's legal framework and the critical role of constitutional jurisdiction in resolving such issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
USMAN ALI SHAH
|
| Lawyers |
Not available
|
| Petitioners |
GHULAM MUHAMMAD and others
|
| Respondents |
ADDITIONAL SETTLEMENT COMMISSIONER (L),
ADDITIONAL DEPUTY COMMISSIONER (G), MULTAN and others
|
| Citations |
1988 SLD 2652,
1988 SCMR 1513
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199,
185(3)
|