| Case ID |
39918bbd-6a05-4732-b91c-adf118b74416 |
| Body |
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| Case Number |
Civil Petitions for Special Leave to Appeal Nos. 1 |
| Decision Date |
Jan 07, 1972 |
| Hearing Date |
Jan 07, 1972 |
| Decision |
The Supreme Court of Pakistan dismissed both petitions, holding that the petitioners had no locus standi to raise the question regarding the treatment of their properties as evacuee property under the relevant statutory provisions. The court found that the petitioners had lost their equity of redemption as long ago as 1914 and their applications under Section 22 of the Administration of Evacuee Property Act were deemed as admissions that the properties were evacuee property, thereby negating their ability to resist eviction based on adverse possession. |
| Summary |
In the landmark 1972 Supreme Court case of 'Civil Petitions for Special Leave to Appeal Nos. 149 and 150 of 1971', the court addressed critical issues surrounding the Pakistan Administration of Evacuee Property Act (XII of 1957), specifically Section 22 concerning the redemption of property mortgages. The petitioners, representing the heirs of Hindu migrants who had mortgaged property to Muslims in 1854 and subsequently lost the right to redeem the property by 1946, sought to reclaim their assets. Despite assertions of adverse possession since 1914, the court ruled against the petitioners, emphasizing that their applications under the Act implicitly acknowledged the evacuee status of the properties, thereby invalidating their claims. The decision underscored the limitations set by historical consent decrees and statutory interpretations, reinforcing the authority of the Supreme Court in resolving property disputes involving evacuation laws. Additionally, the court referenced the Punjab Alienation of Lands Act, particularly Section 21-A, to highlight the legal framework governing such property disputes. The petitioners' attempts to challenge the Supreme Court's decisions through multiple rounds of litigation, including appeals to the High Court and references to prior cases like Mohammad Akbar v. The State (P L D 1968 S C 281), were systematically dismissed. The court's judgment highlighted the importance of timely legal actions and the consequences of failing to preserve rights to property redemption. Furthermore, the involvement of prominent lawyers such as Sh. Ghias Muhammad and Rana Maqbool Ahmad Qadri for the petitioners, contrasted with the respondent's legal representation, illustrated the high-stakes nature of the case. The decision date, January 7, 1972, marked a definitive closure to the petitions, establishing a precedent for future cases related to evacuee property and property redemption rights in Pakistan. This case remains a significant reference point in Pakistani legal discourse, particularly in the realms of property law, evacuee property administration, and the jurisdictional authority of the Supreme Court in upholding statutory provisions over historical property agreements. The dismissal of the petitions reinforced the legal expectations that once the right to redeem property is lost, as in this case by 1914, subsequent attempts to reclaim through statutory means are untenable. The ruling has been cited in numerous subsequent cases dealing with similar issues of property redemption, adverse possession, and the administrative actions of custodians under evacuee property laws. Overall, the case exemplifies the interplay between legislative frameworks and judicial interpretation in shaping property rights and adjudicating disputes arising from historical property transactions and migrations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
FAQIRIA,
ADAT,
CUSTODIAN, WEST PAKISTAN
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SALAHUDDIN AHMED, J
|
| Lawyers |
Sh. Ghias Muhammad, Senior Advocate Supreme Court,
Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners,
Nemo for Respondent
|
| Petitioners |
FAQIRIA,
ADAT
|
| Respondents |
CUSTODIAN, WEST PAKISTAN, Lahore High Court, Etc.
|
| Citations |
1972 SLD 91,
1972 SCMR 43
|
| Other Citations |
Mohammad Akbar v. The State (P L D 1968 S C 281)
|
| Laws Involved |
Pakistan (Administration of Evacuee Property) Act (XII of 1957),
Punjab Alienation of Lands Act
|
| Sections |
22,
21-A
|