| Case ID |
463e2f30-2791-442d-9ade-b2b9d61cf567 |
| Body |
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| Case Number |
Civil Appeal No. 529 of 1990 |
| Decision Date |
Dec 02, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the order of the Land Commission, stating that the choice of land to be surrendered by the declarants was valid and that the jurisdiction of the Civil Courts was barred under Section 28 of the Land Reforms Act, 1977. The court concluded that the lower courts had acted correctly in supporting the Land Commission's decisions and that the appellant had no entitlement to the land in question as it was classified as joint property. The appeal was dismissed without any order as to costs. |
| Summary |
In the case of Civil Appeal No. 529 of 1990, the Supreme Court of Pakistan examined the validity of the Land Commission's order regarding the surrender of excess land under the Land Reforms Act, 1977. The court found that the declarants had properly surrendered their share of joint property, thus validating the decisions of the lower courts. The appellant's claims were rejected as he had not filed a declaration nor was he required to under the provisions of the Land Reforms Act. The case highlighted the jurisdictional boundaries set by the Act, emphasizing that relief sought in such matters must be addressed through the Land Commission rather than civil courts. This decision reinforced the legal framework surrounding land ownership and the process of surrendering excess land, clarifying the roles of declarants and non-declarants in such proceedings. Key terms include Land Reforms Act, jurisdiction of Civil Courts, and Land Commission authority. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
SAJJAD ALI SHAH
|
| Lawyers |
Not available
|
| Petitioners |
Syed ALI NAWAZ,
Dr. Syed ALI RAZA NAWAZ and others
|
| Respondents |
Not available
|
| Citations |
1994 SLD 485,
1994 SCMR 74
|
| Other Citations |
Not available
|
| Laws Involved |
Land Reforms Act,
Constitution of Pakistan
|
| Sections |
7,
28,
185(3)
|