| Case ID |
e32d5802-7a03-4075-a03f-118b4f6a0ce9 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 399 |
| Decision Date |
Jan 22, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for Special Leave to Appeal. The case revolved around the allocation of an evacuee residential house known as Kothi Sundar Niwas in Dinga, District Gujrat, which had been contested between the petitioners and respondent No. 1. The court upheld the decision of the Lahore High Court, which had restored the order of the Additional Settlement Commissioner, affirming that the property was divisible. The court found no merit in the petitioners' arguments that the High Court lacked the authority to restore the Additional Settlement Commissioner's order, and concluded that substantial justice had been served. The petitioners were denied the appeal, as the respondent was deemed to have rightful possession of three rooms in the disputed property. |
| Summary |
The case of Wall Muhammad and others vs. Khan Muhammad and others revolves around the Displaced Persons (Compensation and Rehabilitation) Act and the allocation of the evacuee property known as Kothi Sundar Niwas. The Supreme Court of Pakistan, in its decision dated January 22, 1973, confirmed the Lahore High Court's ruling, which restored the order of the Additional Settlement Commissioner regarding the divisibility of the property. The court found that the petitioners, who were initially allocated the property, did not maintain their claim against the established possession of the respondent. The ruling emphasized the principles of property division under the law and upheld the decisions made by the relevant authorities, establishing a precedent for similar cases involving evacuee properties. This case highlights the complexities involved in property disputes under the rehabilitation laws and the necessity for clarity in ownership and allotment processes. Keywords: Displaced Persons Act, property division, Supreme Court of Pakistan, Lahore High Court, legal precedent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
WAHEEDUDDIN AHMAD,
SALAHUDDIN AHMED
|
| Lawyers |
Mian Saeed-ur-Rahman Farrukh,
Sh. Salah-ud-Din
|
| Petitioners |
Muhammad Hussain,
WALL MUHAMMAD,
Petitioners Nos. 3 to 7
|
| Respondents |
KHAN MUHAMMAD
|
| Citations |
1973 SLD 13,
1973 SCMR 6
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Schedule, Part I
|