| Case ID |
f7e7bbf0-5c94-4a02-b945-077b834de6b7 |
| Body |
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| Case Number |
Civil Petition No. 142 of 1977 |
| Decision Date |
Aug 29, 1981 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by Haji Karim Bakhsh, ruling that the resumption order concerning the property in question was valid. The court found that Muhammad Inam Ullah, the transferee, had failed to pay the charge created against the property, which led to its resumption. The court emphasized that the property ceased to be part of the compensation pool upon the issuance of the Permanent Transfer Document (P.T.D.) and that the Custodian could not subsequently create a charge against it. The court upheld the findings of the Lahore High Court, which had previously dismissed the appeal, noting that the transfer of the property was complete when the P.T.D. was issued, and any unpaid amount could be claimed through legal processes. Thus, the petition was found to be without merit. |
| Summary |
The case of Haji Karim Bakhsh vs. Muhammad Inam Ullah revolves around property rights under the Displaced Persons (Compensation and Rehabilitation) Act, specifically concerning the validity of property transfer and the implications of unpaid charges. The Supreme Court of Pakistan ruled on August 29, 1981, that the property in question had been properly transferred and could not be resumed due to failure to pay charges. The court's decision reinforced the principle that once a Permanent Transfer Document is issued, the property is no longer part of the compensation pool, thereby protecting the rights of the transferee, Muhammad Inam Ullah. This case highlights critical aspects of property law, particularly concerning displaced persons and the legal ramifications of compensation and rehabilitation efforts. It serves as a significant precedent in understanding property transfers and the authority of custodians in similar matters. Keywords: property rights, Supreme Court of Pakistan, Displaced Persons Act, property transfer, legal precedent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
M. S. H. QURESHI
|
| Lawyers |
Ch. Muhammad Abdul Wahid,
Mahmood A. Qureshi
|
| Petitioners |
Haji KARIM BAKHSH
|
| Respondents |
OTHERS,
MUHAMMAD INAM ULLAH
|
| Citations |
1982 SLD 565,
1982 SCMR 986
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act
|
| Sections |
XXVII of 1958
|