| Case ID |
d4464abd-b9a7-4639-97a7-2955cec38a05 |
| Body |
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| Case Number |
Civil Petition No. 1024 of 1980 |
| Decision Date |
Dec 06, 1987 |
| Hearing Date |
Dec 06, 1987 |
| Decision |
The Supreme Court upheld the Lahore High Court's decision regarding the transfer of the residential portion of a composite evacuee property. The property had been occupied by two families since 1947, with separate staircases for each portion. The petitioners, who were non-claimants, contested the transfer of the portion occupied by the respondents. The Court found the High Court's order to be eminently fair and just, leading to the dismissal of the petitioners' appeal. |
| Summary |
This case revolves around the transfer of evacuee property under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The Supreme Court of Pakistan examined the circumstances surrounding the residential portion of a composite property that had been occupied by two families since 1947. The ruling emphasized fairness in property rights, particularly in cases involving displaced persons. The High Court's decision to transfer the property to the respondents was deemed just, highlighting the importance of equitable treatment in property disputes. Keywords like 'evacuee property', 'displaced persons', and 'property rights' are crucial in understanding the legal landscape surrounding such cases. The decision reinforces the need for fair resolutions in property disputes involving historical claims and rights, essential for maintaining social justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
SAAD SAOOD JAN
|
| Lawyers |
Not available
|
| Petitioners |
anothers,
MUHAMMAD ZAFAR
|
| Respondents |
others,
Mst. HAFIZA KHANUM
|
| Citations |
1988 SLD 2208,
1988 SCMR 511
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act, 1958,
Constitution of Pakistan, 1973
|
| Sections |
10,
185(3)
|