| Case ID |
09ff630c-8b45-40d7-92ae-13dc2e74c9eb |
| Body |
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| Case Number |
Civil Revision No. 1 of 2005 |
| Decision Date |
Dec 03, 2010 |
| Hearing Date |
Oct 27, 2010 |
| Decision |
The court dismissed the revision petition filed by the petitioners, confirming that the pre-emption suit was time-barred. The court ruled that the suit was filed beyond the one-year limitation period established under the North-West Frontier Province Pre-emption Act, 1950. It was determined that the pre-emptor's claim was not valid as possession of the disputed land was delivered to the vendee on June 17, 1977. The court emphasized that the time for instituting a pre-emption suit starts from the date of possession or attestation of mutation, whichever is earlier. Additionally, the court noted that the original pre-emptor's death did not provide any superior right of pre-emption to the legal heirs, as the right of pre-emption is not heritable. The court also acknowledged a compromise between the parties regarding the shares of the respondent, which was to be decreed in favor of the petitioners. |
| Summary |
In the case of Civil Revision No. 1 of 2005 before the Peshawar High Court, the key issues revolved around pre-emption rights under the North-West Frontier Province Pre-emption Act, 1950. The court examined the timeline of events, including the purchase of the disputed land by the respondents and the subsequent filing of the pre-emption suit by the petitioners. The court found that the petitioners had filed their suit more than a year after taking possession of the land, rendering their claim time-barred. This case highlights the importance of timely legal action in property disputes and the specific legal framework governing pre-emption rights in the jurisdiction. Additionally, it underscored that the right of pre-emption does not pass to legal heirs after the death of the original pre-emptor, thus impacting the standing of the petitioners. The court's decision reinforces the established legal principles surrounding property rights, pre-emption, and the necessity of adhering to statutory limitations. Legal practitioners and property owners should be vigilant in understanding their rights and obligations under the law to ensure compliance and protect their interests. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHER MUHAMMAD KHAN
|
| Lawyers |
Malik Muhammad Bashir,
Khawaja Nawaz Khan
|
| Petitioners |
SHEIKH GHULAM QASIM THROUGH LEGAL HEIRS AND OTHERS
|
| Respondents |
ABDULLAH KHAN AND 3 OTHERS
|
| Citations |
2011 SLD 1181,
2011 YLR 1357
|
| Other Citations |
Govt. of N.-W.F.P. v. Syed Kamal Shah PLD 1986 SC 360,
Muhammad Inayatand others v. Mst. Nisar Fatima PLD 1994 SC 120,
Sikandar v. Sher Baz 2007 SCMR 1802,
Muhammad Akbar and another v. Allah Ditta PLD 1974 Pesh. 51,
Abdul Khaliq v. Abdul Ghani PLD 1969 Lah. 249,
Muhammad Muzafar Khan v. Muhammad Yousaf Khan PLD 1959 SC (Pak) 9,
Shabir Hussain and others v. Muhammad Sharif and others 1987 MLD 73,
Muhammad Sharif v. Ghulam Hussain 1995 SCMR 514,
Barkhurdar v. Muhammad Razaq PLD 1989 SC 749,
Muhammad Masood Khan Bhatti v. Mst. Ghulam Fatima 1987 SCMR 1206,
Sher Muhammad v. Raja PLD 1981 SC 591,
Allah Yar v. Raja 1989 SCMR 802,
Ghulam Sarwar v. Mazhar Ahmad PLD 1995 SC 677,
Noor Muhammad v. Ahmad PLD 1997 SC 371,
Malik Sultan Mahmud v. Muhammad Arshad Khan 1991 SCMR 1542,
Gulzada v. Muhammad Usman PLD 1990 SC 465,
Saadullah v. Mohabat PLD 1975 Pesh. 218,
Ahmad Khan v. Sattar Din PLD 1981 SC 148,
Bashir Hussain Shah v. Maskeen 1988 SCMR 1251
|
| Laws Involved |
North-West Frontier Province Pre-emption Act, (XIV of 1950),
Civil Procedure Code (V of 1908)
|
| Sections |
5,
6,
31,
O.XXIII,R.3
|