| Case ID |
e0ca95ce-ebdd-4006-bd15-057431559280 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 271 |
| Decision Date |
Jul 15, 1979 |
| Hearing Date |
Jul 15, 1979 |
| Decision |
The Supreme Court dismissed the petition of Dr. Sadaqat Ullah, confirming the decisions of the lower courts regarding the property dispute. The petitioner, a displaced person, had previously received a shop and a house and was not entitled to further property. The court found that the Settlement Authorities acted justly by transferring the house portion to Abdul Majid, who was also a displaced person. The court emphasized that the petitioner had been adequately heard in previous proceedings and that the law only allows one house per displaced claimant. Thus, the decision to deny the second house to the petitioner was lawful and fair. |
| Summary |
In the case of Civil Petition for Special Leave to Appeal No. 271 of 1975, the Supreme Court of Pakistan addressed a dispute over property allocation under the Displaced Persons (Compensation and Rehabilitation) Act. Dr. Sadaqat Ullah, the petitioner, contested the transfer of a house portion to Abdul Majid, a fellow displaced person. The court upheld the decisions of the Lahore High Court, which had previously ruled that the petitioner was not entitled to a second house, as he had already received adequate compensation through a shop and another house. The court reaffirmed the principle that a claimant could only receive one house and one commercial unit, thus dismissing the appeal. The ruling highlighted the importance of equitable treatment for displaced persons and the necessity of adhering to legal frameworks that govern property allocation in such circumstances. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
MUHAMMAD AFZAL ZULLAH
|
| Lawyers |
M. Maqbul Sadiq, Advocate Supreme Court,
S. Inayat Hussain Shah, Advocate-on-Record
|
| Petitioners |
Dr. SADAQAT ULLAH
|
| Respondents |
ABDUL MAJID
|
| Citations |
1986 SLD 465,
1986 SCMR 437
|
| Other Citations |
Allah Bakhsh v. Nizam Din and 2 others 1975 SCMR 182
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
10
|