| Case ID |
f96bf544-0bf5-49eb-947d-8aa660e5821f |
| Body |
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| Case Number |
Civil Appeal No.267 of 1995 |
| Decision Date |
Mar 12, 2002 |
| Hearing Date |
Jan 30, 2002 |
| Decision |
In this case, the Supreme Court upheld the findings of fact regarding the ownership of the suit property. The court ruled that the sale of state land without the acquisition of proprietary rights would not take legal effect. The unregistered sale-deeds executed in favor of the respondents were deemed valid despite the appellants holding registered sale-deeds. The court emphasized that the transfer of property must comply with the provisions of the Colonization of Government Lands Act, which prohibits sales without prior sanction. The appeal was dismissed, affirming the lower court's decision that the respondents had a valid title to the property. |
| Summary |
This case revolves around the legal complexities of property ownership and the validity of unregistered sale-deeds under the Colonization of Government Lands (Punjab) Act, 1912. The Supreme Court of Pakistan addressed the critical issue of whether the sale of government land without prior acquisition of proprietary rights could confer ownership. The court found that the unregistered sale-deeds executed by Noor Muhammad to Golaya were valid and enforceable, despite the appellants' claims based on registered sale-deeds. The ruling reinforced the principle that the title to property cannot be transferred without compliance with the applicable legal statutes. This case is significant for property law, particularly in the context of government land transactions, and highlights the necessity for due process in property sales. Keywords: property ownership, government land, unregistered sale-deeds, legal compliance, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. RIAZ AHMED,
JAVED IQBAL,
MUHAMMAD NAWAZ ABBASI
|
| Lawyers |
Mian Ghulam Rasool,
Ch. Mehdi Khan Mehtab,
Saiful Haq Zaidi,
Syed Abul Aasim Jafri
|
| Petitioners |
MUHAMMAD SADIQ
|
| Respondents |
Noor Muhammad,
MUHAMMAD RAMZAN,
Golaya
|
| Citations |
2002 SLD 1515,
2002 SCMR 1821
|
| Other Citations |
Muhammad Iqbal v. Muhammad Hussain PLD 1986 SC 70,
Mumtaz Sultana v. Settlement and Rehabilitation Commissioner PLD 1964 (W.P.) Lah. 388,
Sher Muhammad Khan v. Ilam Din 1994 SCMR 470,
Daulat Ali v. Ahmad PLD 2000 SC 792,
Suba v. Fatima Bibi 1992 SCMR 1510,
Ali Muhammad and others v. Chief Settlement and Rehabilitation Commissioner and others 1984 SCMR 94
|
| Laws Involved |
Constitution of Pakistan (1973),
Colonization of Government Lands (Punjab) Act (V of 1912),
Registration Act (XVI of 1908),
Transfer of Property Act (IV of 1882),
Specific Relief Act (I of 1877)
|
| Sections |
185,
19,
48,
17,
49,
47,
43,
54,
8,
42
|