| Case ID |
43ccf0c2-b560-4e67-bcc9-69b79475c452 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 46 of 1970 |
| Decision Date |
Jun 04, 1975 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal, affirming that the house in dispute had been previously transferred under the Displaced Persons (Compensation and Rehabilitation) Act and was not available for transfer under Settlement Scheme No. VIII. The court highlighted that the eligibility of locals for transfer of properties was under consideration and ruled that the orders of transfer in favor of Ameer Bakhsh were operative at the time the settlement scheme was enforced. The court found that the appellant had no locus standi to challenge the transfer as the house was already allocated to Ameer Bakhsh and his associate, Ali Muhammad. Consequently, the appeal was dismissed without any order as to costs. |
| Summary |
In the case of Civil Appeal No. 46 of 1970, the Supreme Court of Pakistan addressed the intricate issues surrounding the transfer of property under the Displaced Persons (Compensation and Rehabilitation) Act and Settlement Scheme No. VIII. The case involved a dispute over house No. H/77, Murree Road, Rawalpindi, which was claimed by Khawaja Masood (the appellant) and was previously transferred to Ameer Bakhsh (respondent No. 1). The court deliberated on the definitions and eligibility criteria established by the settlement schemes, particularly concerning the availability of properties for transfer. The ruling emphasized the importance of the legal finality of earlier transfer orders, stating that the house was not available for reallocation under the newer settlement scheme as it had already been transferred. The decision underscored the principle of legal authority in property transfer cases, particularly in the context of displaced persons and rehabilitation laws. The court dismissed the appeal, reinforcing the applicability of established laws and the significance of adhering to procedural norms in property disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMED YAQUB ALI,
ANWARUL HAQ,
MUHAMMAD GUL
|
| Lawyers |
Mian Fazli Mahmood,
Rana Maqbool Ahmad Qadri
|
| Petitioners |
Khawaja Masood
|
| Respondents |
AMEER BAKHSH,
Iftikhar Ali Sepru
|
| Citations |
1976 SLD 130,
1976 SCMR 8
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act,
Settlement Schemes Nos. I & VIII
|
| Sections |
Not available
|