| Case ID |
3cd968c2-4eff-49c0-8bc7-8e78cea3671f |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 55 |
| Decision Date |
Jun 30, 1972 |
| Hearing Date |
Jun 30, 1972 |
| Decision |
The Supreme Court of Pakistan ruled on the dispute concerning the allotment of a house between Mst. Dasondhan and Habibud Din. The case centered on the claim of ownership based on the timing of allotments made to both parties. The court found that Habibud Din had a valid claim as he was allotted the house on February 22, 1948, while Mst. Dasondhan's claim was based on an allotment made later, on October 18, 1952. The court clarified that the earlier allotment of Habibud Din superseded the claims of Mst. Dasondhan, who could not rely on the unauthorized occupation of her deceased husband prior to his official allotment. The court upheld the decision of the High Court, dismissing the petitioner's appeal and confirming the rightful ownership of the disputed property to the respondent. |
| Summary |
This case involves a significant legal dispute regarding property rights and allotment under the Displaced Persons (Compensation and Rehabilitation) Act. Mst. Dasondhan contested the allotment made to Habibud Din, arguing her claim based on the prior unauthorized occupation of her deceased husband. The Supreme Court emphasized the importance of formal allotments and the legal standing of prior claims. The ruling reinforces the principle that unauthorized occupation does not confer preferential rights in property disputes. This case highlights key aspects of property law and the rights of displaced persons under the relevant legislation, making it a pivotal reference point for similar future disputes. Keywords such as 'property rights', 'allotment dispute', 'Supreme Court ruling', and 'displaced persons law' are essential for understanding the implications of this case in legal contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SALAHUDDIN AHMED, J
|
| Lawyers |
A. R. Shaukat, Senior Advocate Supreme Court,
Wali Mohammad Khawaja, Advocate-on-Record
|
| Petitioners |
Mst. DASONDHAN
|
| Respondents |
3 others,
HABIBUD DIN alias HABIBUR REHMAN
|
| Citations |
1972 SLD 210,
1972 SCMR 320
|
| Other Citations |
Mst. Ghulam Fatima v. Abdul Ghani etc. dated 7th October 1966 (C. P. S. L. A. No. 479 of 1966)
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Part I-D and H
|