| Case ID |
ea548b0f-06ca-40c9-b8a6-84ff1c3a74eb |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 305 |
| Decision Date |
Jan 11, 1981 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, stating that the earlier confirmation of land transfer was valid as the petitioner had initially consented to a joint claim with the respondents. The petitioner’s later separation from the joint claim did not invalidate the prior confirmation. The court concluded that the petitioner could not find fault with the orders passed in 1962, as he had previously raised no objections at the time of confirmation. The dismissal of the review petition by the High Court was upheld as it was found to suffer from no infirmity. |
| Summary |
In the case of Noor Ali vs. Muhammad Yousaf and Others, the Supreme Court of Pakistan dealt with a civil petition concerning the Displaced Persons (Land Settlement) Act. The core issue revolved around the transfer of land that had been jointly confirmed in favor of the petitioner and the respondents. The petitioner later sought to separate his claim, arguing for exclusive entitlement to the land based on an independent verification of his claim. However, the Supreme Court found that the earlier confirmation was valid, as the petitioner had consented to the joint transfer and had raised no objections at that time. The court emphasized that the petitioner's later actions did not retroactively invalidate the earlier orders, leading to the dismissal of the petition. This case underscores the importance of maintaining consistency in legal claims and the implications of consent in property disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
NASIM HASAN SHAH
|
| Lawyers |
Ch. Hafeez Ahmad,
Syed Sajid Hussain
|
| Petitioners |
NOOR ALI (REPRESENTED BY HIS HEIRS)
|
| Respondents |
MUHAMMAD YOUSAF,
OTHERS
|
| Citations |
1982 SLD 551,
1982 SCMR 959
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Land Settlement) Act
|
| Sections |
10,
16
|