| Case ID |
4398a85e-9dfe-4faf-b20b-090eded10f76 |
| Body |
View case body. Login to View |
| 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
|