NOOR MUHAMMAD vs ASSISTANT COMMISSIONER, SHEIKHUPURA and others
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal, involving the contention that the petitioner's possession of the disputed property could not be disturbed and that he was entitled to retain the property under a statutory right. The core legal question concerns the interpretation and application of statutory protections regarding property retention under Act XIV of 1975. The court examined the contentions raised and held that the point raised requires further examination. Consequently, the court granted leave to appeal, directed security to be furnished, and issued instructions for the preparation of the appeal along with permission for the parties to file additional documents within two months. The principle laid down is that contentions regarding statutory rights of property retention that merit deeper scrutiny warrant the grant of leave to appeal for a comprehensive final hearing.
- Does a party have a statutory right to retain property under Section 3, subsection (1), clause (b) of Act XIV of 1975?
- Can possession of a petitioner be disturbed in violation of rights accrued under Act XIV of 1975?
- Section 3(1)(b), Act XIV of 1975
ORDER
1. ' GHULAM MUJADDID, J.-- Contends, inter alia, that neither the possession of the petitioner could be disturbed nor the petitioner be denied the right accrued to him under section 3, subsection (1), clause (b) of Act XIV of 1975 under which provision he had a statutory right to retain the property in dispute.
2. ' The point needs examination. Leave is accordingly granted.
3. ' Security Rs,5,000.
4. ' Appeal to be made ready on the present record. The parties if they so wish may file additional documents within two months.