| Case ID |
f9ec1cbd-c3fe-4f1a-a669-f3709f084a9b |
| Body |
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| Case Number |
Civil Appeals Nos. 299 of 1980, 55 and 56 of 1985 |
| Decision Date |
Apr 13, 1987 |
| Hearing Date |
|
| Decision |
In this case, the Supreme Court of Pakistan addressed the interpretation of 'available properties' and 'possession' under the Evacuee Property and Displaced Persons (Laws) Repeal Act of 1975. The Court found that properties ordered for auction but not auctioned prior to the Act's repeal should still be considered 'available properties.' The decision emphasized that mere possession is insufficient; it must be coupled with construction for claims of transfer to be validated. The Court dismissed the appeals, affirming that both petitioners failed to demonstrate their entitlement under the defined criteria, particularly concerning the crucial date of January 1, 1976, for possession and construction. |
| Summary |
The Supreme Court of Pakistan's ruling in the Civil Appeals Nos. 299 of 1980, 55, and 56 of 1985 clarifies significant legal principles regarding property rights under the Evacuee Property and Displaced Persons (Laws) Repeal Act of 1975. This case highlights the importance of the definitions of 'available properties' and 'possession' in determining property entitlement. The Court's interpretation states that properties not auctioned prior to the repeal remain available for transfer, a crucial point for individuals claiming rights to such properties. Furthermore, the ruling specifies that possession alone does not confer ownership rights; it must be associated with prior construction on the property. This decision serves as a landmark interpretation affecting many cases related to property rights in Pakistan, particularly concerning evacuee property laws. Legal practitioners and property owners must heed this ruling when navigating claims under similar statutes, ensuring compliance with the defined conditions of possession and construction. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Haleem, C.J.,
Nasim Hasan Shah,
Shafiur Rahman,
Javid Iqbal
|
| Lawyers |
A.R. Shaukat,
Tanvir Ahmed,
M. Aslam Chaudhry,
Khan Imtiaz M. Khan,
Sh. Masud Akhtar,
Sh. Salah-ud-Din,
M. Anwar Buttar,
Ch. Akhtar Ali
|
| Petitioners |
Muhammad Ashraf Khan
|
| Respondents |
Administrator (RP)/Settlement Commissioner, Lahore Division, Lahore
|
| Citations |
1987 SLD 499,
1987 SCMR 1358
|
| Other Citations |
Not available
|
| Laws Involved |
Evacuee Property and Displaced Persons (Laws) Repeal Act,
Constitution of Pakistan
|
| Sections |
3(1),
3(1)(b),
185(3)
|