| Case ID |
f4d7217c-956c-46d0-a67f-b5d63e4c7aea |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No.86-L |
| Decision Date |
Jan 28, 1996 |
| Hearing Date |
Jan 28, 1996 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to consider whether the petitioner was entitled to the transfer of a portion of the property given on lease after the repeal of section 2(vi) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The court acknowledged the complexity surrounding the definition of possession and the implications of the tenant's status in relation to the property. The decision emphasized the need to reassess the case in light of the legislative changes and the rights of the petitioner as compared to the respondents. |
| Summary |
In this landmark case, the Supreme Court of Pakistan examined the interpretation of 'possession' under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The petitioner, Muhammad Aslam, argued for the transfer of property that he leased from the respondents, Muhammad Boota and others. Following a decision by a Single Judge of the Lahore High Court, which favored the petitioner, the Division Bench overturned this ruling, asserting that a tenant could not claim ownership rights over the property. This case raises significant questions about tenant rights and legislative definitions of possession, making it a pivotal reference point for future property law cases. Keywords include 'tenant rights', 'property law', 'Supreme Court Pakistan', 'Displaced Persons Act', and 'legal interpretations'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sheikh Riaz Ahmad,
Raja Afrasiab Khan
|
| Lawyers |
Ch. Khalil-ur-Rehman,
Sh. Salahud Din,
A.R. Shaukat,
M. Aslam Chaudhry
|
| Petitioners |
Muhammad Aslam
|
| Respondents |
others,
Muhammad Boota
|
| Citations |
1997 SLD 640,
1997 SCMR 582
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act,
Constitution of Pakistan
|
| Sections |
2(vi),
185(3)
|