| Case ID |
ea542b12-e8f2-42d0-b376-13b23dea4c76 |
| Body |
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| Case Number |
Civil Petitions Nos. 208 and 209 of 1987 |
| Decision Date |
Nov 06, 1988 |
| Hearing Date |
Nov 06, 1988 |
| Decision |
The Supreme Court dismissed the petitions, ruling that the question of identity of the property was too late to be agitated. The court determined that the proceedings regarding the suit property had already been conclusively settled by previous orders. The court found that the property in dispute was located in the same Mohallah and ruled that the orders of the Settlement Commissioner attempting to reopen the issue of the property’s status were illegal. The court emphasized that the status of the seller as a non-evacuee had been established, thus affirming the legality of the previous decisions. |
| Summary |
In the landmark case of Civil Petitions Nos. 208 and 209 of 1987, the Supreme Court of Pakistan addressed critical issues regarding property rights and the status of evacuee property under the Constitution of Pakistan, 1973, and relevant ordinances. The case revolved around three shops and a house in Sialkot City, with a history of disputes dating back to 1954. The court's decision underscored the importance of finality in judicial proceedings and the rule of law in property disputes. It highlighted the necessity of adhering to earlier judgments to maintain legal certainty and protect property rights. This case serves as a vital reference for understanding property law, the status of evacuee properties, and the implications of administrative decisions in Pakistan's legal landscape. Keywords: property rights, evacuee property, Supreme Court of Pakistan, legal certainty, judicial proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHUFIUR RAHMAN,
USMAN ALI SHAH,
NAIMUDDIN, JJ.
|
| Lawyers |
Ch. Khalil-ur-Rehman, Senior Advocate Supreme Court,
Sh. Salahuddin, Advocate-on-Record for Petitioners,
Saleem Ahmad Malik, Advocate-on-Record for Respondents
|
| Petitioners |
MANZOOR BAKHSH and others
|
| Respondents |
JUMMA ALLAH RAKHA and others
|
| Citations |
1989 SLD 537,
1989 SCMR 400,
1989 SLD 1093
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949),
Displaced Persons Compensation and Rehabilitation Act (XXVIII of 1958)
|
| Sections |
185(3),
18,
10,
11
|