Mst. SARDAR BEGUM vs Mst. MARYAM HAMEED and others
This matter concerns a petition for leave to appeal filed by Mst. Sardar Begum against a judgment of the Lahore High Court, which had dismissed her claim for the transfer of a residential property, House No. 2/1394, Sialkot. The core legal question before the Supreme Court was whether the petitioner, as an occupant of the property, was entitled to its transfer based on her status as a refugee from Jammu and Kashmir, and whether the previous auction of said property was void ab initio. The petitioner relied on a report from the Deputy Settlement Commissioner, which indicated that the occupants were indeed refugees from Jammu and Kashmir, thereby rendering the prior auction invalid. Upon review, the Supreme Court determined that the High Court had failed to properly appreciate this crucial aspect of the case regarding the petitioner's entitlement. Consequently, the Supreme Court granted leave to appeal, holding that the matter required further judicial consideration to resolve the entitlement dispute. The Court directed that the appeal be prepared on the existing record, with liberty for parties to file additional documents.
- Does the status of an occupant as a refugee from Jammu and Kashmir entitle them to the transfer of a property previously auctioned?
- Can an auction of a property be considered void ab initio if the occupants are found to be entitled refugees?
ORDER
1. ' GHULAM MUJADDID, J.--Mst. Sardar Begum widow of Muhammad Din, resident of House No,2/1394, Mohallah Wazirpura, Sialkot, has filed this petition for leave to appeal against the judgment of the Lahore High Court dated 1-10-83 passed in the Constitution petition whereby her claim for the transfer of residential House No,2/1394 was turned down.
2. ' Learned counsel for the petitioner in order to prove the entitlement of the petitioner drew our attention to the report of the Deputy Settlement Commissioner which is to the following effect:- "The house was previously auctioned in favour of one late Abdul Hamid. The High Court has remanded the case with the direction that if on due enquiry it is found that the persons in occupation of the house are refugees from J & K the auction will have to be ignored being bad ab initio. On the enquiry it has been found that the occupants are refugees from J & K State and are entitled to the transfer of the house..."
3. ' It was submitted that this aspect of the case was not properly appreciated A by the Lahore High Court.
4. ' We think it is a fit case far leave to appeal. Leave is accordingly granted. Security Rs, 2,000.
5. ' The appeal to be made ready on the present record. The parties if they so wish may file additional documents within two months. 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.