| Case ID |
00403ab2-0960-4e89-813f-1f8e73f76968 |
| Body |
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| Case Number |
Civil Petition No.482 of 1984 |
| Decision Date |
Oct 25, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to examine the burden of proof regarding the existence of the custom of pre-emption in the locality of the disputed property. The court acknowledged that the petitioner had raised substantial questions regarding the evidence of the existence of the sub-division and the custom of pre-emption at the relevant time. The petitioner's challenge to the findings of the Lahore High Court was deemed worthy of consideration, thus granting leave to appeal. The court emphasized the importance of proving the existence of pre-emption rights based on evidence rather than assumptions. |
| Summary |
This case revolves around the application of the Punjab Pre-emption Act, 1913, focusing on the custom of pre-emption and the burden of proof regarding its existence in the locality of the disputed property. The Supreme Court of Pakistan, in its decision on October 25, 1984, emphasized the legal principles governing pre-emption rights, particularly in urban immovable property. The court granted leave to appeal to address whether the necessary evidence existed to support the claims made by the respondent, Khurshid Bibi, regarding her right to pre-emption over the property in question. The case highlights critical legal concepts such as the burden of proof, the presumption of rights, and the necessity of establishing the existence of relevant customs in legal disputes related to property rights. These aspects are essential for practitioners and scholars in the field of property law, particularly in contexts involving pre-emption rights, evidence, and customary law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM C.J.,
S.A. NUSRAT,
ZAFFAR HUSSAIN MIRZA, JJ
|
| Lawyers |
S.A. NUSRAT
|
| Petitioners |
KHURSHID BIBI
|
| Respondents |
ALLAH DITTA
|
| Citations |
1985 SLD 673,
1985 SCMR 1097
|
| Other Citations |
Mst. Maqsood Begum v. Moulvi Abdul Haq and others P L D 1968 Lah. 897,
Pervez Akhter v. Muhammad Arif P L D 1977 Lah. 394
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Pre-emption Act (I of 1913)
|
| Sections |
Art.185(3),
S.7
|