| Case ID |
ffe1090c-2bc3-47e4-a6e5-19c12f853f11 |
| Body |
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| Case Number |
67 and 82 of 1978 |
| Decision Date |
May 08, 1985 |
| Hearing Date |
May 04, 1985 |
| Decision |
The Supreme Court of Pakistan dismissed both Civil Petition No. 67 of 1978 and Civil Petition No. 82 of 1978. The petitions were directed against a common judgment of the Lahore High Court. The High Court had allowed Syed Muhammad Abbas to exercise fresh choice regarding his land holdings but imposed certain conditions. The Supreme Court agreed with the High Court's view that the claim for a 10% reduction in produce index units for lands irrigated by lift arrangement was not supported by any legal provision. The Court found the High Court's judgment to be just, fair, and reasonable, considering all circumstances, and not against any law or rule. Consequently, both petitions were dismissed. |
| Summary |
This case involves a dispute regarding the land holdings of Syed Muhammad Abbas Shah, the Sajjadanashin of Dargah Hazrat Syed Daud Bandgi Kirmani. The case was heard by the Supreme Court of Pakistan following an appeal from the Lahore High Court's decision. The primary issue was the adherence to gifts made by Syed Muhammad Abbas to his mother and deceased wife, which he sought to withdraw. The High Court allowed Abbas to exercise fresh choice regarding his land holdings but imposed conditions concerning the previously made gifts. Abbas also claimed a 10% reduction in produce index units for lands irrigated by lift arrangement, which was rejected by both the High Court and the Supreme Court due to a lack of legal basis. The Supreme Court found the High Court's judgment to be fair and reasonable and dismissed both petitions. This case highlights the complexities of land reform regulations and the legal intricacies in disputes involving land holdings and gifts. Keywords: land reforms, legal dispute, Supreme Court of Pakistan, Lahore High Court, produce index units, land holdings, gifts, legal jurisdiction, M.L.R. 64. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
Dargah Hazrat Syed Daud Bandgi Kirmani,
Land Commissioner, Multan Division
|
| Judges |
Aslam Riaz Hussain,
Nasim Hasan Shah,
Shafiur Rahman
|
| Lawyers |
M.Z. Khalil, Advocate-on-Record,
Sh. Nasim Hassan, Advocate Supreme Court,
S. Wand Hussain, Advocate-on-Record,
S.M. Zubair, Addl. A.-General,
Sh. Ijaz Ali, Advocate-on-Record
|
| Petitioners |
Syed Ali Abbas Shah and others
|
| Respondents |
Syed Muhammad Abbas Shah and others
|
| Citations |
1986 SLD 464,
1986 SCMR 432
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Land Reforms Regulation, 1959 [M.L.R. 64]
|
| Sections |
185(3),
199,
9(d)
|