| Case ID |
0894417b-553b-4a56-9145-2a116da7c22e |
| Body |
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| Case Number |
Civil Petition No. 15 of 1995 |
| Decision Date |
May 31, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal, allowing the petitioner to challenge the dismissal of his Civil Revision by the Lahore High Court. The petitioner contended that the pre-emptor had admitted knowledge of the sale on the date of registration, violating the statutory requirements under the Punjab Pre-emption Act. The court noted that both Talabs were delayed, warranting consideration of the legal arguments presented. The decision highlighted the importance of adhering to procedural timelines in pre-emption cases. |
| Summary |
This case revolves around the application of the Punjab Pre-emption Act, 1991, specifically concerning the validity of a pre-emption suit filed by Muhammad Mushtaq against Muhammad Arif regarding a sale deed dated 15-09-1991. The Supreme Court of Pakistan deliberated on the procedural compliance required for a valid pre-emption claim, particularly focusing on the timelines for notice and the necessity for the pre-emptor to demonstrate awareness of the sale. The court's decision emphasizes the critical nature of statutory requirements in property law, especially in pre-emption disputes. This case serves as a precedent for similar future cases, highlighting the stringent adherence to legal protocols necessary to uphold one’s claim of pre-emption. The case also illustrates the implications of knowledge and intent in property transactions, making it a significant reference point in legal discussions surrounding pre-emption laws in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Manzoor Hussain Sial,
Zia Mahmood Mina
|
| Lawyers |
Gulzarin Kiyani,
Ejaz Muhammad Khan
|
| Petitioners |
Muhammad Arif
|
| Respondents |
Muhammad Mushtaq
|
| Citations |
1998 SLD 889,
1998 SCMR 2350
|
| Other Citations |
1992 SCMR 1886
|
| Laws Involved |
Punjab Pre-emption Act,
Constitution of Pakistan
|
| Sections |
13,
185(3)
|