| Case ID |
d523cac8-f9ee-425d-ae81-22f72f4cb353 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 78 |
| Decision Date |
Nov 20, 1985 |
| Hearing Date |
Nov 20, 1985 |
| Decision |
The Supreme Court allowed the appeal to the extent of quashing certain observations made by the Lahore High Court regarding the jurisdiction of civil courts in cases involving evacuee property. The High Court had suggested that it was doubtful whether the civil court would have jurisdiction in this matter. The petitioners argued that these observations would prejudice their case in potential civil proceedings. The Court agreed with the petitioners' concerns and quashed the High Court's observations, thereby allowing the petitioners the opportunity to pursue their claims without the hindrance of the previous court's remarks. The parties were left to bear their own costs. |
| Summary |
The case revolves around a petition for special leave to appeal against a decision made by the Lahore High Court concerning the relationship of landlord and tenant, as well as the jurisdiction of civil courts over evacuee property. The petitioners, represented by well-known advocates, sought to challenge the High Court's dismissal of their constitutional petition which had aimed to contest a judgment from an Additional District Judge. This judgment had concluded that the petitioners failed to establish the landlord-tenant relationship and allowed the parties to resolve their title claims through Settlement Authorities. The Supreme Court ultimately quashed the High Court's observations about civil court jurisdiction, ensuring that the petitioners could pursue their case without prejudicial comments from the higher court. This case highlights crucial aspects of property law in Pakistan and the procedural rights of petitioners in the face of dismissive judicial remarks, making it a significant reference point for future cases involving similar issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
ABDUL KADIR SHAIKH
|
| Lawyers |
Ch. Hamidud Din,
Bjaz Ahmad Khan,
S. Inayat Hussain
|
| Petitioners |
MUHAMMAD LATIF
|
| Respondents |
MUHAMMAD FAZIL
|
| Citations |
1986 SLD 538,
1986 SCMR 601
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|