| Case ID |
002abbe7-2d7c-4594-a155-6d9c8f24a598 |
| Body |
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| Case Number |
Civil Petition No.1851-L of 2010 |
| Decision Date |
Dec 07, 2012 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by Abdul Khan for pre-emption on grounds that he failed to produce the attesting witnesses of the Talb-i-Ishhad notice. The court emphasized that the notice must be attested by two truthful witnesses to be valid and admissible as evidence. Without this proof, the right of pre-emption was extinguished, leading to the dismissal of the petition. |
| Summary |
In the case of Civil Petition No.1851-L of 2010, the Supreme Court of Pakistan addressed the requirements under the Punjab Pre-emption Act, specifically Section 13(3), regarding the validity of a Talb-i-Ishhad notice. The court ruled that the notice must be attested by two witnesses, as per the law, to qualify as proof. The petitioner, Abdul Khan, could not provide the required testimony of the witnesses, resulting in the dismissal of his pre-emption claim. This case highlights the stringent requirements for establishing a right of pre-emption and the importance of adhering to legal protocols in property disputes. Key keywords include 'Punjab Pre-emption Act', 'Talb-i-Ishhad', 'legal requirements', 'Supreme Court decision', and 'property law'. This case serves as a precedent for future pre-emption claims, stressing the necessity of proper attestation and evidence in such legal matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR,
MUHAMMAD ATHER SAEED
|
| Lawyers |
Abdul Rauf Farooqi
|
| Petitioners |
ABDUL KHAN
|
| Respondents |
RAMZANO BIBI
|
| Citations |
2013 SLD 1457,
2013 PLD 193
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
13(3),
79
|