| Case ID |
d7268e43-3aea-4eb0-a3d6-bd91cbd98be0 |
| Body |
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| Case Number |
Civil Appeal No. 270 of 1976 |
| Decision Date |
Apr 24, 1983 |
| Hearing Date |
Apr 17, 1983 |
| Decision |
The Supreme Court dismissed the appeal, finding no merit in the arguments presented by the appellants. The court held that the question of the divisibility of the house had not been raised at any stage during the prolonged litigation. The Deputy Settlement Commissioner's view that the house was indivisible was acknowledged and acted upon by all subsequent Settlement authorities. The appellants had failed to plead divisibility before the Settlement Commissioner and in their prior writ petition, where they only contended that an application for joint transfer had been submitted. The court ruled that raising the question of divisibility at the appellate stage was too late. The court also noted that the possession claims made by the respondent were valid, as his possession dated back to August 1947, a point that had not been previously contested by the appellants. |
| Summary |
This case revolves around the appeal regarding the transfer of a property located at House No. SI 115 S 8, Nurbada Street, Kacha Nisbet Road, Lahore. The primary contention was whether the house, which was deemed a 'compact residential unit' and 'indivisible', could be divided between the parties involved. The Supreme Court's decision underscored the importance of raising all pertinent issues in a timely manner during litigation. The court emphasized that the issue of divisibility was not raised adequately during earlier proceedings, which ultimately led to the dismissal of the appeal. The ruling is significant in understanding property rights and the procedural requirements in legal disputes over property ownership. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Nasim Hasan Shah,
M. S. H. Quraishi
|
| Lawyers |
Malik Sher Bahadur,
Sh. Abdul Karim,
Sh. Abdul Manan,
S. Abid Nawaz,
Shehzad Jahangir,
M. A. Qureshi
|
| Petitioners |
Others,
Mst. Nazir Begum
|
| Respondents |
Ghulam Nabi,
Others
|
| Citations |
1983 SLD 489,
1983 SCMR 1289
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Art. 185(3),
S. 10
|