| Case ID |
09f624fa-a6af-43ec-948b-127410b451dc |
| Body |
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| Case Number |
Civil Petition No.37 of 1995 |
| Decision Date |
Nov 06, 1995 |
| Hearing Date |
Nov 05, 1995 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the judgment of the Peshawar High Court, which had upheld the finding that the transaction in question was a gift and not a sale, thus not pre-emptible. The Court found no merit in the petitioner's arguments regarding the nature of the transaction and noted that the evidence presented by the Courts below was sufficient to conclude the matter. The petitioner failed to demonstrate any legal error or misapprehension of the facts that would warrant interference by the Supreme Court. |
| Summary |
In the case of Sultan Muhammad Khan vs. Kala Khan, the Supreme Court of Pakistan addressed a dispute over a pre-emption claim involving a land transaction alleged to be misrepresented as a gift. The petitioner contended that the land was sold under the guise of a gift to negate his superior preemptive rights. The Supreme Court upheld the findings of the lower courts, confirming that the evidence indicated the land was indeed gifted. The decision emphasized the importance of proper appraisal of evidence and the need for petitioners to substantiate claims of legal errors in prior judgments. This case highlights the complexities of property law and the implications of pre-emption rights in Pakistan, particularly under the North-West Frontier Province Pre-emption Act of 1987. Legal practitioners and stakeholders in property transactions should be aware of these legal precedents when dealing with similar issues, ensuring that documentation accurately reflects the nature of transactions to avoid disputes. The ruling serves as a critical reminder of the judiciary's role in interpreting evidence and upholding the integrity of legal processes in property cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ZIA MAHMOOD MIRZA,
MUHAMMAD MUNIR KHAN
|
| Lawyers |
Hafiz S.A. Rehman,
Imtiaz Muhammad Khan,
Anwar H. Mir
|
| Petitioners |
SULTAN MUHAMMAD KHAN
|
| Respondents |
KALA KHAN
|
| Citations |
1998 SLD 826,
1998 SCMR 2054
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Pre-emption Act (X of 1987),
Constitution of Pakistan (1973)
|
| Sections |
13,
185(3)
|