| Case ID |
f6f0443e-83d6-438e-b1b2-f7933b29b1bb |
| Body |
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| Case Number |
Civil Petition No. 198 of 1982 |
| Decision Date |
Jul 12, 1988 |
| Hearing Date |
Jul 12, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal. The case arose from a dispute regarding the transfer of an inter-floor above a shop, where the petitioner claimed better entitlement due to possession. The Additional Settlement Commissioner found that the inter-floor and the shop formed one unit, a finding upheld by the Settlement Commissioner. The High Court could not interfere with this factual determination, leading to the dismissal of the petition. |
| Summary |
In the case of Civil Petition No. 198 of 1982, the Supreme Court of Pakistan ruled on a dispute regarding the transfer of evacuee property under the Displaced Persons (Compensation and Rehabilitation) Act (XXVIII OF 1958). The petitioner, MAHMOOD HUSSAIN, sought special leave to appeal against the Lahore High Court's dismissal of his claim regarding an inter-floor above a shop transferred to the respondent, ZAHOOR HUSSAIN. The Supreme Court upheld the factual findings of the Additional Settlement Commissioner, emphasizing that the inter-floor and the shop were one unit, thus the High Court's ruling was not subject to interference. This decision highlights the complexities involved in property disputes related to evacuee properties and the importance of factual determinations in legal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
GHULAM MUJADDID MIRZA,
SAAD SAOOD JAN
|
| Lawyers |
|
| Petitioners |
MAHMOOD HUSSAIN
|
| Respondents |
others,
ZAHOOR HUSSAIN
|
| Citations |
1988 SLD 2878,
1988 SCMR 1967
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII OF 1958)
|
| Sections |
185(3),
10
|