| Case ID |
425bd5a6-c03e-4432-a5b3-02dafb791ca9 |
| Body |
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| Case Number |
Civil Petitions for Leave to Appeal Nos. 368, 411 |
| Decision Date |
Apr 12, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed several petitions for leave to appeal concerning the division and transfer of residential property on Temple Road, Lahore. The court held that claims under Settlement Scheme No. VIII were not entertained as the property was not considered available for transfer. The petitioners failed to prove entitlement to additional portions of property beyond what they were already occupying. The court emphasized that the division of property must align with established legal principles and that prior compromises between parties could not be repudiated. The court upheld the decisions made by the Lahore High Court, affirming that any claims for further division or transfer of property lacked legal foundation, and thus, the petitions were dismissed as meritless. |
| Summary |
This case revolves around several civil petitions for leave to appeal concerning the division and transfer of portions of property located on Temple Road, Lahore. The Supreme Court of Pakistan reviewed the cases where local petitioners sought to contest the division of property established under various settlement schemes. The core legal issue was whether the petitioners could request additional portions of property beyond their established claims. The court ruled that claims made under Settlement Scheme No. VIII were not valid, as the property was not deemed available for transfer. The Supreme Court also addressed the implications of prior compromises made by the parties involved and emphasized the importance of adhering to legal protocols in property division. Ultimately, the court dismissed the petitions, underscoring that no further claims could be made beyond what was previously established in the settlement orders. This case highlights significant legal principles in property law and the necessity for petitioners to substantiate their claims within the boundaries set by previous legal frameworks. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH,
SHAFIUR RAHMAN
|
| Lawyers |
S. Abid Nawaz,
Muhammad Aslam Chaudhry,
Sh. Abdul Karim,
Malik Muhammad Nawaz,
A. R. Shaukat,
Sh. Talat Farooq,
Ejaz Ahmed Khan,
Sardar A. Khalid,
Tanvir Ahmad Khan,
Abdul Salam,
Masood Javed,
Syed Inayat Hussain,
Shahzad Jahangir,
Malik Shaukat Ali
|
| Petitioners |
Mst. WALIAN
|
| Respondents |
THE DEPUTY SETTLEMENT COMMISSIONER, CIRCLE I, FAREEDKOT HOUSE, LAHORE AND OTHERS
|
| Citations |
1983 SLD 340,
1983 SCMR 1281
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|