| Case ID |
3ca2a1e3-411c-49f2-8274-c80222bc4fd1 |
| Body |
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| Case Number |
Civil Appeal Nos. 12 and 13 of 1978 |
| Decision Date |
Nov 25, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed both appeals, affirming the Lahore High Court's ruling that the appellants lacked locus standi to challenge the auction of the shops. The court found that the appellants had not established their possession of the shops at the time of auction and that their claims to transfer forms were incorrect. The auction conducted on May 15, 1971, was deemed valid, and the appellants' subsequent claims were rejected as they had no entitlement to challenge the auction's legality. |
| Summary |
In this case, the Supreme Court of Pakistan addressed the issue of locus standi concerning the auction of two shops in Chunian. The appellants, Nazir Ahmad and Muhammad Tufail, claimed possession of the shops and sought to challenge the auction conducted by the Additional Settlement Commissioner. The court evaluated the validity of their claims and the circumstances surrounding the auction process. The judgment emphasized the importance of established possession and the necessity of having filed relevant transfer forms prior to the auction. The court referenced previous cases to underline that entitlement to a property transfer is crucial for challenging any auction. Ultimately, the court upheld the Lahore High Court's decision and dismissed the appeals, reiterating that the appellants had no legal standing to contest the auction due to their inability to prove prior possession and proper filings under the Settlement Scheme. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH,
SHAFIUR RAHMAN, JJ
|
| Lawyers |
Not available
|
| Petitioners |
NAZIR AHMAD
|
| Respondents |
MUHAMMAD TAQI and others
|
| Citations |
1985 SLD 454,
1985 SCMR 340
|
| Other Citations |
Sh. Barkat Ali v. Additional Settlement Commissioner and 2 others, 1972 SCMR 293,
Abdur Rashid v. Abdul Ali and another, 1972 SCMR 391,
Ahmad Jamal v. Nazir Ahmad Khan and others, 1975 SCMR 24,
Muhammad Ibrahim v. Settlement Commissioner, 1974 SCMR 299
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
185(3)
|