| Case ID |
08910c30-4d8e-4889-8815-00a641b72da9 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision Petition No. 999 of 2008 |
| Decision Date |
Oct 31, 2008 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petition for pre-emption due to the petitioner's failure to prove valid Talbs. The court found that the petitioner did not personally make the Talbs and that the general attorney was not authorized to do so. Additionally, the notice of Talb-i-Ishhad was improperly sent to the respondents' mother rather than directly to the respondents, violating legal requirements. The court emphasized that the authority to file a pre-emption suit does not automatically confer the power to make Talbs, and the strict interpretation of the power of attorney must be adhered to. Consequently, the court upheld the decisions of the lower courts, affirming that the petition lacked merit. |
| Summary |
This case revolves around the application of the Punjab Pre-emption Act, 1991, where the petitioner sought to pre-empt a sale of land. The Lahore High Court ruled that the petitioner failed to establish valid Talbs as required by law. The court highlighted that the demands for pre-emption must be made by a duly authorized agent, which was not the case here. The decision underscores the importance of strict compliance with legal procedures in pre-emption cases, including proper notice to the parties involved. The court's ruling serves as a critical reminder of the legal standards governing pre-emption rights, especially in the context of the Punjab Pre-emption Act. This case is significant for legal practitioners and individuals involved in property transactions, as it clarifies the requirements for valid pre-emption actions under the law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR, J
|
| Lawyers |
Mazher Abbas Bhatti, Advocate
|
| Petitioners |
NAWAB ALI through GENERAL Attorney
|
| Respondents |
JAVAID IQBAL NABI and others
|
| Citations |
2009 SLD 388,
2009 PLD 49
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act, 1991,
Muhammadan Law
|
| Sections |
14,
3,
13,
235
|