| Case ID |
f94cf339-c48d-4c3b-ad76-6c610b69718b |
| Body |
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| Case Number |
Civil Petition No. 1015 of 1976 |
| Decision Date |
Mar 21, 1983 |
| Hearing Date |
Mar 16, 1983 |
| Decision |
The Supreme Court upheld the order of the Settlement Commissioner, which allowed the transfer of the house based on actual possession. The court found the order to be fair and proper, and it was not subject to interference by the High Court. The petitioner's attempt to challenge the order was dismissed, affirming that the solution provided by the Settlement Commissioner was just and should not be interfered with. Therefore, the petition was dismissed. |
| Summary |
The case involves a dispute over the transfer of a house between two parties, Faiz Ali and Messrs Barkat Ali and Others, following multiple rounds of litigation. The Lahore High Court dismissed a writ petition by Faiz Ali challenging the order of the Settlement Commissioner, which allowed the transfer of the house based on the actual possession of the parties. The Supreme Court of Pakistan reviewed the case and upheld the previous decisions, emphasizing the fairness of the Settlement Commissioner's order and the inapplicability of High Court interference in this matter. The court's ruling highlights the importance of adhering to procedural justice and the authority of settlement mechanisms in property disputes. This case is significant in understanding the application of constitutional provisions and the role of settlement authorities in resolving disputes over property rights. Keywords: property disputes, constitutional law, settlement commissioner, Supreme Court rulings, legal resolution. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Nasim Hasan Shah
|
| Lawyers |
Syed Zamir Hussain,
Sh. Abdul Karim
|
| Petitioners |
Faiz Ali
|
| Respondents |
Messrs Barkat Ali and Others
|
| Citations |
1983 SLD 228,
1983 SCMR 1036
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
185 (3),
199,
10
|