| Case ID |
e20493cf-e50c-495c-a94c-8020da2c614e |
| Body |
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| Case Number |
Civil Appeals Nos. 109 of 1966. 4, 6, 9, 16, 24, 4 |
| Decision Date |
Mar 19, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan held that the claims of Jagir-holders from the State of Hyderabad (Deccan) were valid under the Registration of Claims (Displaced Persons) Act (III of 1956). The court examined the nature of Jagirs and concluded that they indeed conferred valuable rights, allowing the holders to file claims for properties left behind during migration. The High Court's previous ruling, which viewed Jagir rights as non-existent rights in rem, was overturned, affirming the entitlement of displaced persons to seek compensation. The court emphasized the importance of historical context in understanding the nature of these rights and highlighted that the legislative framework was designed to protect the interests of those who faced displacement during the partition. |
| Summary |
This case addresses the rights of Jagir-holders from the State of Hyderabad (Deccan) under the Registration of Claims (Displaced Persons) Act (III of 1956) following the partition of India. The Supreme Court examined whether the claims filed by displaced persons regarding their Jagir rights were valid and enforceable. The court noted that the nature of Jagirs in Hyderabad conferred substantial rights in the land, even if not full ownership. The decision emphasized the legislative intent to protect the rights of displaced individuals and clarified that previous interpretations by lower courts had misapprehended the legal status of these rights. The ruling reinstated the ability of Jagir-holders to seek compensation for their properties left in India, thus upholding the principles of justice and fairness for displaced persons. This landmark ruling serves as a critical reference point in understanding property rights in the context of displacement and migration. Keywords: Jagir rights, displaced persons, property claims, Supreme Court of Pakistan, Registration of Claims Act. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SAJJAD AHMAD,
SALAHUDDIN AHMED
|
| Lawyers |
A.R. Shaukat, Advocate Supreme Court,
Wall Muhammad, Advocate-on-Record,
A.H. Najfi, Advocate Supreme Court,
Inayat Hussain, Advocate-on-Record,
A.K. Brohi, Senior Advocate Supreme Court,
Muhammad Sadiq, Advocate Supreme Court,
Sirajur Rahman, Advocate Supreme Court,
3. M. Hanif, Advocate-on-Record,
Naseem Farooqui, Advocate Supreme Court,
M.A. Buttar, Advocate Supreme Court,
Bashir, Senior Advocate Supreme Court,
Zahir Abbas, Advocate Supreme Court,
Sheikh Haider, Advocate Supreme Court,
Hidayatullah Khan, Advocate Supreme Court,
Maqbool Elahi Malik, Advocate Supreme Court,
Ghias Muhammad, Senior Advocate Supreme Court
|
| Petitioners |
Nawab Syed RAUNAQ ALI ETC.
|
| Respondents |
CHIEF SETTLEMENT COMMISSIONER AND OTHERS
|
| Citations |
1973 SLD 230,
1973 PLD 236
|
| Other Citations |
Nawaz Khan v. O. S. D., Central Record Office, Lahore P L D 1967 Lah. 42,
Syed Abdul Rahman v. Settlement Rehabilitation and Claims Commissioner P L D 1966 S C 362
|
| Laws Involved |
Registration of Claims (Displaced Persons) Act (III of 1956)
|
| Sections |
2(2)(c),
2(3),
5
|