| Case ID |
74491864-ea71-46ad-aa80-049ef7f29ea6 |
| Body |
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| Case Number |
Civil Petition No.3151 of 2001 |
| Decision Date |
Nov 22, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to examine questions regarding the title of the suit property and the authority of the Settlement Department to transfer ownership. The petitioners claimed that the land was leased to the Forest Department, while the respondents asserted valid ownership through a transfer order from the Settlement Authorities. The court underscored the need to consider the implications of the notification issued by the Provincial Government regarding the land's status. The decision emphasizes the importance of examining concurrent findings of fact by lower courts and the validity of the respondents' claims based on previous transfers. |
| Summary |
This case revolves around the legal complexities of land ownership and the authority of various governmental departments in Pakistan. The petitioners, representing the Province of Punjab, contested the ownership of a piece of land that had been leased to the Forest Department. The respondents, who purchased the land, argued that they held valid title through a series of legal transfers dating back to 1963. The Supreme Court's decision to grant leave to appeal highlights critical issues regarding property rights, the role of settlement authorities, and the interpretation of notifications related to land leasing and ownership. The ruling reiterates the importance of documented transfers and the legal rights vested in property owners. This case serves as a significant precedent in understanding property law within Pakistan, particularly the interplay between administrative decisions and private ownership rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
SARDAR MUHAMMAD RAZA KHAN,
FALAK SHER
|
| Lawyers |
Muhammad Zaman Bhatti, Advocate Supreme Court,
Rao M. Younas Khan Advocate-on-Record (Absent),
Bashir Ahmad Ansari, Senior Advocate Supreme Court,
Imtiaz Muhammad Khan Advocate-on-Record
|
| Petitioners |
PROVINCE OF PUNJAB through Collector, Rawalpindi and others
|
| Respondents |
MUBARAK HUSSAIN and others
|
| Citations |
2004 SLD 1273,
2004 SCMR 1716
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
42,
185(3)
|