| Case ID |
0a5e1695-8c24-4b7a-b03c-6cd06214bf0d |
| Body |
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| Case Number |
Civil Petition No. 606 of 1982 |
| Decision Date |
May 23, 1988 |
| Hearing Date |
May 23, 1988 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the High Court's judgment which dismissed the writ petition of the petitioner. The Court found no merit in the petitioner's arguments regarding the deficiency in court-fee and the claim of tenancy. The judgment emphasized that the earlier ruling in the case of Siddique Khan (P L D 1984 S C 289) had already settled the issue of court-fee deficiency. The Court also upheld the finding of fact regarding the petitioner's failure to establish a tenancy claim. The petitioner's assertion that the statement used against him was not properly cross-examined was deemed hypertechnical, as the petitioner had the burden to explain the statement, which was a total negation of his tenancy claim. |
| Summary |
In the landmark case of Civil Petition No. 606 of 1982, the Supreme Court of Pakistan addressed crucial legal issues under the Punjab Pre-emption Act, 1913, and the Civil Procedure Code. The petitioner, Malik Ashiq Hussain, sought leave to appeal against the Lahore High Court's dismissal of his writ petition concerning a pre-emption suit. The Supreme Court analyzed the grounds for non-suit, particularly focusing on the deficiency in court-fee and the failure to establish a tenancy claim. The Court reaffirmed its previous ruling in Siddique Khan's case, emphasizing the importance of established legal precedents. The decision underscores the rigorous standards for proving claims in pre-emption suits and the necessity for petitioners to provide compelling evidence. This case highlights the complexities of property law in Pakistan, particularly concerning tenancy rights and pre-emption claims. Keywords such as 'pre-emption law', 'court-fee deficiency', and 'tenancy rights' are critical in understanding the legal landscape shaped by this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
|
| Petitioners |
MALIK ASHIQ HUSSAIN
|
| Respondents |
others,
MUHAMMAD NAWAZ KHAN
|
| Citations |
1988 SLD 2673,
1988 SCMR 1554
|
| Other Citations |
P L D 1984 S C 289
|
| Laws Involved |
Punjab Pre-emption Act, 1913,
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
21,
15,
11(c),
185(3)
|