| Case ID |
f748a64e-eedf-4123-b2ef-a6ecb5561148 |
| Body |
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| Case Number |
Civil Appeal No. K-12 of 1965 |
| Decision Date |
Mar 15, 1967 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal, stating that the appellants, as permanent allottees, possess heritable and transferable rights to the land in question which cannot be revoked without due process. The Court emphasized that the procedure followed by the Deputy Custodian, which led to the approval of the Custodian without notice to the allottees, was a perversion of procedure that denied the appellants their right to appeal. The Court directed that the appeal should be restored to its original number and be heard by the Custodian with proper notice to all parties involved. The decision reaffirmed the importance of natural justice and due process in administrative decisions affecting property rights. |
| Summary |
This case revolves around the rights of permanent allottees of land under the Pakistan (Administration of Evacuee Property) Act, 1957. The Supreme Court addressed significant legal questions regarding jurisdiction, the rights of allottees, and the procedural fairness required in administrative actions. The ruling highlighted that allottees have vested rights that must be protected by law, emphasizing the necessity of proper notification and the opportunity to appeal administrative decisions. The Court's decision reinstated the importance of judicial oversight in administrative processes, ensuring that rights are not arbitrarily revoked without just cause. This case serves as a critical reference for future disputes involving evicted properties and the rights of allottees in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. Cornelius, C.J.,
Fazleakbar,
Hamoodur Rahman,
Muhammad Yaqub Ali
|
| Lawyers |
S. N. Shahmir, Advocate Supreme Court instructed by Vakil Ahmad Kidwai, Attorney for Appellants.,
S. A. Nusrat, Advocate Supreme Court instructed by Yousuf Rafi, Attorney Nos. 1 and 2.,
Sayeed A. Sheikh, Advocate Supreme Court instructed by Shafiq Ahmed, Attorney Nos. 3, 4 and 5.
|
| Petitioners |
others,
Syed Ali Abbas
|
| Respondents |
others,
Vishan Singh
|
| Citations |
1967 SLD 54,
1967 PLD 294
|
| Other Citations |
Muhammad Bachal v. The Custodian of Evacuee Property P L D 1962 Kar. 204,
Ataullah Malik v. Custodian of Evacuee Property and others P L D 1964 S C 236
|
| Laws Involved |
Constitution of Pakistan (1962),
Pakistan (Administration of Evacuee Property) Act (XII of 1957)
|
| Sections |
58 (3),
98,
22,
43
|