| Case ID |
f6f3a386-98a1-4c2e-b615-1a2af44c4db0 |
| Body |
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| Case Number |
Civil Appeal No. 1 of 1968 |
| Decision Date |
May 30, 1968 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal filed by Mrs. Gladys M. Jacob, holding that the annexe in dispute was correctly treated as part of the main bungalow by the Settlement authorities. The court found that the finding of fact made by the Settlement authorities was not arbitrary or capricious and therefore not subject to interference in writ jurisdiction. The court emphasized that the entire premises must be treated as one house unless the Chief Settlement Commissioner orders otherwise. The appeal was dismissed without any order as to costs. |
| Summary |
In the landmark case of Civil Appeal No. 1 of 1968, the Supreme Court of Pakistan deliberated on the status of a residential annexe claimed by Mrs. Gladys M. Jacob as a separate entity from the main bungalow. The court examined the provisions of the Displaced Persons (Compensation and Rehabilitation) Act of 1958, particularly focusing on Section 2(4), which outlines the treatment of properties in joint possession. The ruling highlighted the importance of factual findings by Settlement authorities, which were upheld as valid. The court's decision reinforces the legal framework surrounding property rights for displaced persons, emphasizing the need for jurisdictional adherence in property disputes. This case serves as a critical reference point in understanding the complexities of property law and rights of displaced individuals, especially in the context of historical legal frameworks in Pakistan. Keywords: Displaced Persons Act, property rights, Supreme Court Pakistan, residential property disputes, legal jurisdiction. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S. A. RAHMAN, C.J.,
MUHAMMAD YAQUB ALI,
SAJJAD AHMAD, JJ
|
| Lawyers |
M. Anwar, Senior Advocate Supreme Court,
R. A. Jeremy, Advocate Supreme Court,
Mahmood Ali Qasuri, Senior Advocate Supreme Court,
Gul Muhammad Khan, Advocate Supreme Court,
Mahboob Ahmad, Attorney
|
| Petitioners |
MRS. GLADYS M. JACOB
|
| Respondents |
THE CHIEF SETTLEMENT COMMISSIONER, Lahore High Court,
Mr. G. M. D. Ghauri
|
| Citations |
1972 SLD 350,
1972 SCMR 688
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
2(4)
|