| Case ID |
3b0ec07b-82fa-4dc2-a8db-f1ae286a4edd |
| Body |
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| Case Number |
C. P. S. L. As. Nos. 603 to 605 and 994 of 1981 |
| Decision Date |
Nov 10, 1981 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused leave to appeal for the petitioners who sought to challenge the Lahore High Court's dismissal of their constitutional petitions. The petitioners, claiming to be lessees of government land under a specific scheme, alleged that their lease extensions were unjustly denied. The Court found that the genuineness of their claims was disputed and ruled that without establishing entitlement to lease and extension, the petition could not be maintained. The Court emphasized that the genuineness of allotment could not be scrutinized in constitutional jurisdiction, and the petitioners must first seek remedy from higher revenue authorities. |
| Summary |
In this landmark case, the Supreme Court of Pakistan dealt with the complexities surrounding lease agreements under the Colonization of Government Lands (Punjab) Act, 1912. The petitioners, numbering two hundred and seventy-two, claimed leases for government land dating back to 1966, seeking extensions based on a policy letter from the Colony Department. However, their claims were met with allegations of forgery and disputes over the authenticity of their documents. The Lahore High Court dismissed their petitions, leading to their appeal to the Supreme Court. The Supreme Court upheld the High Court's decision, emphasizing the necessity for petitioners to establish their entitlement to the lease before appealing. This case highlights key issues in land law, the role of constitutional jurisdiction in lease disputes, and the importance of proper documentation in legal claims. Keywords: lease agreements, government land, Colonization of Government Lands Act, Supreme Court of Pakistan, constitutional jurisdiction, land law, legal disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Muhammad Afzal Zullah,
Shafiurrahman
|
| Lawyers |
Malik Saeed Hassan,
Sh. Abdul Karim,
M. A. Bajwa,
Mehdi Khan Mehtab,
Syed Niaz Ali Shah,
Inayat Hussain Shah
|
| Petitioners |
Muhammad Ashraf,
Others
|
| Respondents |
Others,
Board of Revenue
|
| Citations |
1982 SLD 206,
1982 SCMR 222
|
| Other Citations |
Not available
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act,
Constitution of Pakistan
|
| Sections |
10,
185(3)
|