| Case ID |
5c78391a-ad26-4287-874c-47aca63270a3 |
| Body |
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| Case Number |
C. P. S. L. A. No. 644 of 1975 and C. P. S. L. A. |
| Decision Date |
|
| Hearing Date |
Apr 17, 1979 |
| Decision |
The Supreme Court granted leave to appeal in the case concerning land disputes involving Mst. Rifat Sultan, following the previous rulings of the Lahore High Court. The Court found that the issues raised were of fundamental importance, particularly regarding the entitlement of the parties involved in the land allocation process. The decision emphasized the need for the proper adjudication of rights and claims concerning the disputed land. The Court noted that observations made in judicial orders bind only the parties involved and not third parties, thus affirming the necessity of comprehensive examination of the factual circumstances surrounding the case. The Court directed that the issues be re-evaluated by the relevant authorities while ensuring that all parties have an opportunity to present their claims. |
| Summary |
This case revolves around a dispute regarding a tract of land, specifically 98 kanals and 12 marlas, located in Chak No. 122/J.B., Tehsil and District Lyallpur (now Faisalabad). The litigation involved multiple parties, including the petitioners who claimed to be bona fide purchasers of the land from Mst. Rifat Sultan. The Supreme Court's analysis focused on the procedural aspects of the land allotment under the Displaced Persons (Land Settlement) Act, and the rights of the petitioners vis-a-vis the actions taken by the Additional Settlement Commissioner. The Court underscored the importance of allowing the petitioners to assert their claims in the High Court, highlighting the need for a thorough examination of the evidence and claims made by all parties. This case is significant in understanding land rights and the legal processes surrounding land disputes in Pakistan, particularly in the context of displaced persons and settlement laws. Key terms include land allotment, judicial proceedings, entitlement, and appeal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Deputy Settlement Commissioner,
Mst. Rifat Sultan,
Assistant Settlement Commissioner
|
| Judges |
MUHAMMAD AKRAM,
KARAM ELAHEE CHAUHAN
|
| Lawyers |
Ch. A. Waheed Saleem,
Raja Abdul Razzaq,
Khaldur Rahman,
Ch. Qadir Bakhsh,
Sh. Abdul Karim,
A. R. Shaukat,
Abld Nawaz,
Khalil-ur-Rahman
|
| Petitioners |
SARDAR MUHAMMAD
|
| Respondents |
ADDITIONAL SETTLEMENT COMMISSIONER, LAHORE,
Mst. Rifat Sultan,
Respondents 3 to 5
|
| Citations |
1979 SLD 686,
1979 PLD 839
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Land Settlement) Act, XLIV of 1958
|
| Sections |
Art. 185 (3),
Sections 10 and 11
|