| Case ID |
e3429ebf-b16d-479c-87bc-d3903460d437 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.52/R of 1981 |
| Decision Date |
Aug 05, 1999 |
| Hearing Date |
Jul 29, 1999 |
| Decision |
The Lahore High Court upheld the order of the Deputy Settlement Commissioner, determining that the petitioners' claims to the property were based on forged documents. The court noted that the Deputy Settlement Commissioner had properly investigated the validity of the transfer documents, which were found to be fraudulent and lacking in legal merit. The petitioners were given adequate opportunity to present their case, but they failed to substantiate their claims. The court reinforced the principle that no party should be condemned unheard, but also emphasized that the Deputy Settlement Commissioner acted within his jurisdiction in evaluating the authenticity of the documents. The final verdict was that the petitioners' claims were dismissed, affirming the correctness of the Deputy Settlement Commissioner's findings and the legitimacy of the procedures followed. |
| Summary |
This case revolves around the validity of property transfer documents issued under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The Lahore High Court examined claims made by Mst. Allah Rakhi and others against the Deputy Settlement Commissioner, who had ruled that the transfer documents were forged. The court emphasized the importance of due process and the need for adequate evidence when making claims about property ownership. The ruling highlighted issues of fraud, jurisdiction, and the responsibilities of settlement authorities in verifying claims. This case serves as a significant reference for matters involving property disputes and the evaluation of transfer documents in Pakistan. It underscores the legal principles governing property transfers and the necessity for transparency and authenticity in documentation, particularly in the context of displaced persons. The court's decision affirms the importance of maintaining the integrity of property transactions and protecting the rights of genuine claimants. The case is a critical resource for understanding the legal framework surrounding property rights and the mechanisms available for redress in the event of fraudulent claims. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN ALLAH NAWAZ, J
|
| Lawyers |
Bashir Ahmad Ansari,
Malik Muhammad Afzal,
Samad Mehmood
|
| Petitioners |
Mst. ALLAH RAKHI,
Sheikh Ghulam Muhammad,
Ch. Muhammad Latif
|
| Respondents |
DEPUTY SETTLEMENT COMMISSIONER
|
| Citations |
2000 SLD 1763 = 2000 CLC 66
|
| Other Citations |
Muhammad Baran and others v. Member (Settlement and Rehabilitation), Board of Revenue, Punjab and others PLD 1991 SC 691,
S.K. Masood and 3 others v. Special Committee through Member, Board of Revenue and others 1990 CLC 1174,
Shamrooz Khan v. CLC Muhabat Khan 1989 SCMR 819,
Cooper v. Wandsworth Board of Works (1963) 14 CB (NSK&L 366),
Dawood Cotton Mills Ltd. v. Guftar Shah and another PLD 1981 SC 225,
The Chairman, Employees' Old-Age Benefit Institution and others v. M. Ismail Munawar 1984 SCMR 143
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act, 1958,
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
|
| Sections |
10,
2,
3
|