| Case ID |
cbafcf06-3be3-4c7a-986a-43aa59fa15de |
| Body |
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| 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
|