| Case ID |
ea2b3691-7b9a-47fe-8bed-ba2b8c307464 |
| Body |
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| Case Number |
Civil Petition No.2150-L of 2002 |
| Decision Date |
Feb 21, 2013 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitioners' appeal, affirming the Lahore High Court's decision which upheld the Settlement Commissioner's ruling. The court found that the land in dispute was correctly identified as evacuee property prior to partition, and the petitioners' claims lacked sufficient evidence of wrongful appropriation. The court highlighted that the evacuees had constructed houses on the land before partition and that the petitioners did not take legal action to prevent this construction. The court concluded that altering the Settlement Commissioner's decision would unjustly uproot families who had settled on the land, thus reinforcing the principle of equity in property rights. |
| Summary |
This case revolves around the Displaced Persons (Compensation and Rehabilitation) Act and issues of property rights concerning evacuee land prior to partition. The petitioners claimed ownership based on a historical mortgage, but the court determined that the property had been legally auctioned and transferred to the respondents. The ruling emphasizes the importance of equity, historical property rights, and the complexities surrounding evacuee property laws in Pakistan. The case also underlines the necessity for thorough documentation and legal proceedings to establish rightful ownership, particularly in disputes involving historical claims and land allotment. Keywords include 'evacuee property', 'property rights', 'Displaced Persons Act', and 'Supreme Court decisions', which are essential for understanding the legal landscape of property disputes in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Tassaduq Hussain Jillani,
Sarmad Jalal Osmany
|
| Lawyers |
Jari Ullah Khan, Senior Advocate Supreme Court,
Tasneem Amin, Advocate-on-Record for Petitioners,
Syed Ali Zafar, Advocate Supreme Court,
Mehmood ul Islam, Advocate-on-Record for Respondents Nos.10A, 10E, 16, 18, 21 to 24 and 26
|
| Petitioners |
Muhammad Hussain through LRs
|
| Respondents |
others,
Ansar Bashir AC
|
| Citations |
2013 SLD 1568,
2013 SCMR 706
|
| Other Citations |
Secretary to Government of Punjab Forest Department Punjab through DFO v. Ghulam Nabi PLD 2001 SC 415,
Evacuee Trust Property Board v. Mst. Sakina Bibi 2007 SCMR 262,
M.A. Hafeez Khan v. Riaz Ahmad Mehra 1983 SCMR 803
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),
Constitution of Pakistan
|
| Sections |
10,
Art. 185(3)
|