| Case ID |
3cdacce8-2535-46b2-979f-d36097b0767f |
| Body |
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| Case Number |
Writ Petition No. 599-R of 1975 |
| Decision Date |
Jul 31, 1991 |
| Hearing Date |
Jul 31, 1991 |
| Decision |
The Court upheld the decision of the Settlement Authority, affirming that Muhammad Yameen Khan was a minor at the time of the allotment and could be considered a sitting allottee under the Rehabilitation Settlement Scheme. The petitioner's challenge was dismissed on grounds that the respondent had a legitimate claim based on his familial connections and the provisions of the scheme. The Court emphasized that the interpretation of laws should consider the conditions existing at the time of the partition, and it found no merit in the petitioner's arguments against the respondent's status as an allottee. |
| Summary |
This case revolves around the Rehabilitation Settlement Scheme, specifically focusing on the interpretation of Para. 7(5), which allows minors to be considered allottees based on familial relationships. The petitioner, Muhammad Siddique, challenged the allotment of land to Muhammad Yameen Khan, arguing that he was not a legitimate allottee. The Court ruled in favor of Yameen, citing his minor status at the time of the allotment and the established familial link to an allottee. The ruling emphasizes the importance of the Rehabilitation Settlement Scheme in providing equitable solutions for refugees and their families, reflecting on historical contexts and the need for fair treatment in land allotments. This case is significant in understanding the application of laws regarding land allotment to minors and the interpretation of beneficial provisions aimed at rehabilitation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Khalil-ur-Rehman Khan, J
|
| Lawyers |
Kh. Muhammad Farooq,
A.R. Shaukat,
Shahzad Jehangir,
Ch. Muhammad Altaf Khan
|
| Petitioners |
Muhammad Siddique
|
| Respondents |
Bashir Hussain,
Muhammad Yameen Khan
|
| Citations |
1992 SLD 606 = 1992 CLC 310
|
| Other Citations |
Not available
|
| Laws Involved |
Rehabilitation Settlement Scheme
|
| Sections |
Para. 7(5),
Transfer of Property Act (IV of 1882), S.41,
Constitution of Pakistan (1973), Art.199
|