| Case ID |
d656d3b4-08fa-4cca-b76e-09e30cb49372 |
| Body |
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| Case Number |
Civil Revision No. 51 of 1971 |
| Decision Date |
May 20, 1979 |
| Hearing Date |
May 20, 1979 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the appellants, restoring the order of the Deputy Claims Commissioner dated 14-3-1960, which verified the claim for agricultural land. The Court found that the Deputy Commissioner had acted without lawful authority in setting aside the verification order. The Court clarified that claims for properties situated within municipal limits were valid and the provisions of section 2(3) of the Registration of Claims Act did not bar such verification. Consequently, the allotment made to the appellants was revived, and the appeal was accepted, leaving the parties to bear their own costs. |
| Summary |
This case revolves around the verification of claims by displaced persons regarding agricultural land abandoned during the partition of India. The Supreme Court of Pakistan examined the authority of the Deputy Commissioner to annul a verification order made under the Displaced Persons (Land Settlement) Act. The Court emphasized that claims for properties within municipal limits are legitimate and should not be dismissed based on jurisdictional misunderstandings. The decision is significant for its interpretation of the laws governing displaced persons and their rights to claim property. Key terms such as 'Displaced Persons,' 'Land Settlement,' and 'Claims Verification' are pivotal for understanding the context and implications of this ruling. The ruling reiterates the importance of lawful authority in administrative decisions and the protection of property rights for displaced individuals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel,
Aslam Riaz Hussain,
Nasim Hasan Shah
|
| Lawyers |
Qazi Abdur Rashid, Advocate Supreme Court,
M. Qasim Imam, Advocate-on-Record for Appellants,
Safdar Hussain, Advocate-on-Record for Respondent No. 1,
Amirzada Khan, Advocate-on-Record for Respondent No. 2
|
| Petitioners |
Others,
Mst. Taj Mahal Bibi
|
| Respondents |
Others,
Abdul Wahid
|
| Citations |
1979 SLD 700,
1979 PLD 975
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Land Settlement) Act, 1958,
Registration of Claims (Displaced Persons) Act, 1956
|
| Sections |
21,
10,
11,
2(2),
2(3)
|