Mst. NAJMA BEGUM and others vs REHMAT ALI (decd) through L.Rs, and others
This matter arises from civil petitions filed before the Supreme Court of Pakistan concerning the satisfaction of claims regarding evacuee properties. The core legal question involved the pursuit of remedy for unsatisfied claims following the repeal of relevant settlement laws. Upon the petitioners' request to withdraw their respective petitions, the court permitted the withdrawal while granting liberty to the petitioners to approach the Chief Settlement Commissioner or Notified Officer. The holding of the court is that if such authorities are approached, they shall examine the genuineness of the claims and consider their satisfaction against available evacuee property, notwithstanding the repeal of the settlement laws, given that the matter remained pending in litigation until final adjudication. The key principle laid down is that pending litigation concerning repealed settlement laws may be entertained by competent authorities for the examination and satisfaction of genuine claims against available properties.
- Can petitioners seek satisfaction of claims against evacuee property after the repeal of relevant settlement laws if the matter was pending in litigation?
- Are competent authorities empowered to examine the genuineness of claims upon withdrawal of civil petitions relating to evacuee properties?
ORDER
' KHALIL-UR-REHMAN RAMDAY, J.---Having argued the matter at some length, Mr. A.R. Shaukat, the learned Senior Advocate Supreme Court assisted by Mr. Shahzad Shaukat, the learned Advocate Supreme Court for the petitioners in Civil Petition No, 1739-L of 2006 as also Mr. Iqbal Ahmed Qureshi, the learned Advocate-on-Record for the petitioners in Civil Petition No, 1745-L of 2006 pray for permission to withdraw the respective petitions filed by them but add that to save the petitioners in both these petitions from injustice, they may be permitted to approach the Chief Settlement Commissioner/Notified Officer for satisfaction of their respective claims against some available evacuee property.
2. Both the petitions are dismissed as withdrawn with the direction I that if the petitioners approach the Chief Settlement Commissioner or the Notified Officer. For satisfaction of their alleged claims then the competent authority shall, notwithstanding the repeal of the settlement laws, examine the genuineness of the said claims and then consider satisfaction of the same against some evacuee property, if available, as the matter was pending litigation when the relevant settlement laws had been repealed and is being finally decided today. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.