| Case ID |
ecc76352-e4f6-44c2-a3b1-0b98cdd5be6e |
| Body |
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| Case Number |
Civil Appeals Nos.649 and 650 of 2003 |
| Decision Date |
May 07, 2008 |
| Hearing Date |
Apr 21, 2008 |
| Decision |
The Supreme Court of Pakistan upheld the decision of the Lahore High Court, dismissing the suit instituted by Mst. Mehr Bhari and others against Muhammad Ishfaque and confirming the status of the disputed plot as evacuee property. The court ruled that the treatment of the plot as evacuee property was valid and that the claims made by the respondents were barred by time. The court emphasized that the documents and prior judgments confirming the sale and possession of the plot were not adequately challenged by the respondents, leading to the conclusion that their claims lacked merit. The court restored the judgment of the learned appellate court, thereby allowing Muhammad Ishfaque's claims. |
| Summary |
This case involved a dispute over a plot of land claimed by Muhammad Ishfaque and Mst. Mehr Bhari, with the Supreme Court of Pakistan ultimately ruling in favor of Ishfaque. The court found that the plot was treated as evacuee property by the Settlement Department and was validly auctioned. The respondents' claims were time-barred and lacked sufficient challenge against the earlier judgments confirming Ishfaque's ownership. The ruling underscored the importance of timely legal actions and proper documentation in property disputes, particularly concerning evacuee properties. The court highlighted that the treatment of the plot as evacuee property was final and could not be overturned by the civil courts. This case serves as a critical precedent in property law, especially regarding the rights of evacuee property owners and the legal obligations of claimants in property disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIYED SAEED ASHHAD,
MIAN HAMID FAROOQ,
SHEIKH HAKIM ALI
|
| Lawyers |
Gulzarin Kiani, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Khawaja Muhammad Farooq, Advocate Supreme Court
|
| Petitioners |
MUHAMMAD ISHFAQ through L.Rs.
|
| Respondents |
Ch. MUHAMMAD NAWAZ and others
|
| Citations |
2008 SLD 1767,
2008 SCMR 1095
|
| Other Citations |
Muhammad Ismail v. Abdul Haq and others 2001 SCMR 1350,
Lala and another v. Mst. Jante 1968 SCMR 131,
Shamshad and others v. Muhammad Shah and others 1984 SCMR 912,
Ali Akbar and others v. Malook and others 1991 SCMR 829
|
| Laws Involved |
Specific Relief Act (I of 1877),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),
Pakistan (Administration of Evacuee Property) Act (XII of 1957),
Pakistan Rehabilitation Act (XLII of 1956),
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975),
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908)
|
| Sections |
42,
54,
3,
22,
25,
2(3),
3(2),
7 to 10,
22,
41,
2(4),
2(2),
O.VI, Rr. 2,
O.VI, Rr. 10,
Art.120
|