Legal Case Summary

Case Details
Case ID cbafcf06-3be3-4c7a-986a-43aa59fa15de
Body View case body.
Case Number Civil Petition for Special Leave to Appeal No. 74
Decision Date Oct 14, 1968
Hearing Date Oct 14, 1968
Decision The Supreme Court of Pakistan dismissed the petition filed by Muhammad Shafi, which sought to transfer property No. B.XVIII-27-S-2 located in Mohalla Iqbal Ganj, Gujranwala. The court upheld the decision of the Settlement authorities, which had rejected the petitioner's claim on the basis that he was not in possession of the disputed house. The High Court had affirmed this decision, emphasizing that the petitioner failed to provide sufficient evidence to prove his possession. As a result, the Supreme Court refused to reopen the matter in its writ jurisdiction, emphasizing the finality of factual determinations made by the lower courts.
Summary This case revolves around the Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), specifically focusing on the rejection of a transfer application for property by the Settlement authorities. The Supreme Court's ruling asserts the importance of factual evidence in property claims, reinforcing the legal principle that possession must be adequately proven to validate transfer requests. The judgment highlights the challenges faced by displaced persons in asserting their property rights and the judicial system's role in adjudicating such disputes. The decision also underscores the significance of adherence to procedural norms and the necessity for petitioners to substantiate their claims with credible evidence. This case serves as a critical reference for similar legal issues concerning property rights and the procedural standards required in legal claims under the Displaced Persons Act.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges HAMOODUR RAHMAN, MUHAMMAD YAQUB ALI, ABDUS SATTAR
Lawyers Gul Muhammad Khan, Tanvir Ahmad
Petitioners MUHAMMAD SHAFI
Respondents 2 OTHERS, DEPUTY SETTLEMENT COMMISSIONER, GUJRANWALA
Citations 1969 SLD 172, 1969 SCMR 63
Other Citations Not available
Laws Involved Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
Sections Sched., Part 1-C