| Case ID |
d876a88b-7635-45c5-b685-0def4b5cde33 |
| Body |
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| Case Number |
Civil Appeal No.52 of 2005 |
| Decision Date |
May 16, 2006 |
| Hearing Date |
Apr 05, 2006 |
| Decision |
The Supreme Court dismissed the appeal with costs, upholding the decision of the lower courts that the appellant, being a co-sharer, did not have the preferential right to purchase the land as per the definitions and amendments in the relevant laws. The court found that the allotment was solely in the name of the appellant's father. The ruling emphasized the special context in which the definition of 'allotment' must be understood in relation to the purpose of preventing misappropriation of evacuee property. The court also clarified that the amendments in the Administration of Evacuee Property Act, 1957, do not apply retrospectively. |
| Summary |
This case revolves around the legal interpretation of 'allotment' under the Azad Jammu and Kashmir Evacuee Property (Multiple Allotment) Act, 1961. The Supreme Court of AJ&K addressed the appeal of Muhammad Hussain, who claimed a right to purchase evacuee land allotted to his father. The crux of the case focused on whether the appellant could be considered a co-sharer in the land based on familial ties. The court clarified that the definitions provided in the relevant laws are specific to prevent misuse and misappropriation of property and do not extend rights to every family member. The decision reinforces the legal framework governing evacuee property allotments and the implications of amendments to existing laws. It serves as a significant precedent in matters concerning property rights and allotments within the context of evacuee lands. The case highlights the importance of understanding legal definitions in their intended context, particularly when addressing issues of property and inheritance. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
KH. MUHAMMAD SAEED, C.J.,
SYED MANZOOR HUSSAIN GILANI, J
|
| Lawyers |
MUHAMMAD RIAZ ALAM, Advocate for Appellant,
RAJA MUHAMMAD SIDDIQUE, Advocate for Respondent
|
| Petitioners |
MUHAMMAD HUSSAIN
|
| Respondents |
MUHAMMAD SIDDIQUE
|
| Citations |
2006 SLD 2234,
2006 CLC 1424
|
| Other Citations |
Muhammad Iqbal and 3 others v. Custodian of Evacuee Property and 17 others 1996 SCR 359
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974),
Azad Jammu and Kashmir Evacuee Property (Multiple Allotment) Act, 1961,
Administration of Evacuee Property Act, 1957
|
| Sections |
42(ii),
2,
2(b)
|