Legal Case Summary

Case Details
Case ID 03943359-ca9c-4536-bf77-920ef02cb285
Body View case body.
Case Number Civil Petitions Nos.1446, 1447 and 1448 of 2000
Decision Date Apr 10, 2002
Hearing Date
Decision The Supreme Court dismissed the petitions of Mst. Hasan Bano, confirming the findings of the lower courts that she had not made the required Talb-e-Muwathibat in accordance with the law. The judgment emphasized that the pre-emptor must personally establish the Talb, and since she did not appear to substantiate her claim, the petitions were dismissed without any interference warranted. The concurrent findings of the lower courts were upheld, indicating no misreading or illegal exercises of jurisdiction were present.
Summary This case revolves around the interpretation of the North-West Frontier Province Pre-emption Act, specifically focusing on the legal requirements for Talb-e-Muwathibat. The Supreme Court of Pakistan evaluated the petitions filed by Mst. Hasan Bano against the decisions of lower courts which had dismissed her claims for possession of land through pre-emption. The Court ruled that the Talb was not made by the petitioner directly, as it was initiated through her husband who lacked the authority on the date of the Talb. The petitioner’s non-appearance in court to establish her claim further weakened her position. This ruling underscores the necessity for pre-emptors to follow legal protocols when asserting rights under the pre-emption law. The case highlights the importance of personal action in legal claims and reinforces the standards set by previous judicial determinations in similar contexts.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges Nazim Hussain Siddiqui, Hamid Ali Mirza
Lawyers Abdur Rashid Awan, M.A. Zaidi
Petitioners Mst. Hasan Bano
Respondents Ghulam Mustafa, Daud, Hamidullah, Waliur-Rehman, Miskeen
Citations 2007 SLD 1387, 2007 SCMR 1344
Other Citations Not available
Laws Involved North-West Frontier Province Pre-emption Act
Sections X of 1987, 13