| Case ID |
eceeb0af-7263-46fd-b88e-d9679ceeebe8 |
| Body |
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| Case Number |
Civil Petition No. 1848-L of 1999 |
| Decision Date |
Mar 11, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the findings of the Border Area Committee and the Lahore High Court. The petitioner, Muhammad Sharif, was found to have fraudulently obtained the allotment of evacuee land by claiming to be a displaced person under a fictitious name. The Committee's decision to cancel the allotment was upheld, emphasizing that fraud vitiates the most solemn proceedings. The Court held that the petitioner failed to establish any exceptional circumstances warranting interference with the concurrent findings of fact recorded by the Committee and the High Court. |
| Summary |
This case revolves around the fraudulent allotment of evacuee land in Lahore. The Supreme Court of Pakistan examined the legality of the allotment made to Muhammad Sharif, who was accused of obtaining land under a false identity. The Court upheld the findings of the Border Area Committee, which ruled that the allotment was obtained fraudulently, and confirmed the cancellation of the allotment. The case highlights important legal principles regarding the jurisdiction of the Committee, the applicability of the Evidence Act, and the standards for proving fraud in property allotment cases. The decision reinforces that courts typically do not substitute findings of fact unless exceptional circumstances are demonstrated. Keywords: Supreme Court, Pakistan, fraudulent allotment, evacuee land, Border Area Committee, jurisdiction. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Tanvir Ahmed Khan,
Khalil-ur-Rehman Ramday,
Faqir Muhammad Khokhar
|
| Lawyers |
Muhammad Zainul Abidian, Advocate Supreme Court for Petitioners,
Ch. Khurshid Ahmed, Advocate Supreme Court for Respondents
|
| Petitioners |
Muhammad Sharif through Legal Heirs and 4 others
|
| Respondents |
Sultan Hamayun and others
|
| Citations |
2003 SLD 593,
2003 SCMR 1221
|
| Other Citations |
Sardar Muhammad Muqeem Khoso v President of Pakistan PLD 1994 SC 412,
Hussain Bakhsh v. Settlement Commissioner. Rawalpindi and others PLD 1970 SC 1,
Government of Sindh through the Chief Secretary and others v. Khalil Ahmed and others 1994 SCMR 1472,
National Bank of Pakistan v. Islamic Republic of Pakistan 1992 SCMR 1705,
S. Sarwat Haider and another v. Central Board of Revenue and others 1982 SCMR 899,
S.A. Rizvi v. Pakistan Atomic Energy Commission 1986 SCMR 965,
Muzaffar Ali v. Muhammad Shafi PLD Zaitoon Begum v. Ghulam Shabbir, Settlement Commissioner, Multan and another 1968 SCMR 611,
Talib Hussain and others v. Member, Board of Revenue and others 2003 SCMR 549,
Government of Sindh through Chief Secretary and others v. Khalil Ahmed and others 1994 SCMR 782,
Muhammad Younis Khan and 12 others v. Government of N.-W.F.P. through Secretary, Forest and Agriculture and others 1993 SCMR 618,
Lal Din and another v. Muhammad Ibrahim 1993 SCMR 710,
Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD1975 SC 331,
Chaudhry Muhammad Saleem v. Fazal Ahmad and 2 others 1997 SCMR 315,
Muhammad Latif v. Border Area Committee PLD 1978 SC 270,
Province of Punjab and others v. Member (Colonies), Board of Revenue, Punjab and others 1986 SCMR 529
|
| Laws Involved |
West Pakistan Border Area Regulation, 1959,
West Pakistan Rehabilitation and Settlement Scheme, 1956,
Constitution of Pakistan (1973)
|
| Sections |
10,
55-A,
185(3),
199
|