| Case ID |
d3a99327-2528-4ec8-a181-631deff3cf09 |
| Body |
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| Case Number |
Civil Revision No.74-D of 1986 |
| Decision Date |
Oct 05, 2000 |
| Hearing Date |
Oct 05, 2000 |
| Decision |
The court ruled that the entire house was transferred to the petitioner, Muhammad Ramzan, and therefore it was not available for auction. The Settlement Authorities had no jurisdiction to subdivide the property and auction any part of it. The revival of the revision petition was justified as the consignment to the Record Room was a temporary arrangement due to the inability to ascertain the whereabouts of the original petitioner. The auction was deemed illegal and the lower appellate court's decision to restore the order of the Notified Officer was upheld. The petition was dismissed as it was found to lack merit. |
| Summary |
This case involves a dispute over the ownership of a house bearing No. 1/217-B in Lalamusa. The petitioner, SAID MUHAMMAD, claimed that the property was unlawfully auctioned despite having been transferred in full to his predecessor, Muhammad Ramzan, in 1960. The Lahore High Court ruled that the property was not available for auction as it had been fully transferred out of the compensation pool. The court emphasized that the consignment of the case to the Record Room did not equate to disposal but was a temporary measure. The judgment highlights the importance of proper jurisdiction in matters concerning evacuee properties and the rights of displaced persons. This case underscores the legal complexities surrounding property rights and the implications of the Evacuee Property Laws. Keywords: property rights, evacuee properties, Lahore High Court, legal jurisdiction, auction legality, displaced persons. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR, J
|
| Lawyers |
Not available
|
| Petitioners |
SAID MUHAMMAD
|
| Respondents |
PROVINCE OF THE PUNJAB through Collector, District Gujrat and 9 others
|
| Citations |
2001 SLD 1733,
2001 CLC 314
|
| Other Citations |
1989 SCMR 595
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975,
Displaced Persons (Compensation and Rehabilitation) Act, 1958
|
| Sections |
2,
10
|