Legal Case Summary

Case Details
Case ID 4398a85e-9dfe-4faf-b20b-090eded10f76
Body View case body.
Case Number Civil Petition for Leave to Appeal No.61 of 1984
Decision Date Nov 14, 1988
Hearing Date Nov 14, 1988
Decision The Supreme Court granted leave to appeal to examine whether the petitioner, Ali Gohar, had been properly allotted the disputed property, Kotha, which had been in unauthorized occupation of the respondents. The court noted that the Border Allotment Committee had confirmed the allotment in favor of the petitioner and that the respondents were not lawful occupants. The court also highlighted that the respondents' civil suit regarding their entitlement was dismissed, and their constitutional petition was rejected. The court concluded that the respondents could not deprive the petitioner of his legitimate entitlement under the law. The appeal was directed to be prepared on the current record, allowing the parties to file additional documents if necessary.
Summary In the case of Ali Gohar vs. Sher Muhammad, the Supreme Court of Pakistan addressed a dispute over the allotment of the Kotha property. The petitioner, Ali Gohar, had been allotted the property by the Border Allotment Committee, which confirmed his entitlement despite the respondents claiming unauthorized possession. The court examined the legal framework under the Constitution of Pakistan and the West Pakistan Border Area Regulation, emphasizing the importance of lawful allotment and property rights. The decision underscored the necessity for legal clarity in property disputes, particularly in border areas where allotment regulations apply. This case highlights the critical role of legal representation in navigating complex property claims and the judicial system's responsibility to uphold rightful ownership. The outcome reinforces the protection of legitimate property rights against unauthorized occupation.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges MUHAMMAD AFZAL ZULLAH, JAVID IQBAL
Lawyers M. Farani, MA. Qureshi, Ch. Azizuddin, Ch. Muhammad Aslam
Petitioners ALI GOHAR
Respondents others, SHER MUHAMMAD
Citations 1989 SLD 702, 1989 SCMR 685, 1989 SLD 1258
Other Citations Not available
Laws Involved Constitution of Pakistan, 1973, West Pakistan Border Area Regulation, 1959
Sections 185(3), M.L.R. 9