| Case ID |
0c2d4de4-bb84-470c-84f8-f52b4755d201 |
| Body |
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| Case Number |
Civil Revision No. 219-A of 2018 |
| Decision Date |
Mar 06, 2020 |
| Hearing Date |
Mar 05, 2020 |
| Decision |
The petitioner through the instant revision petition has called in question the judgment and decree of Additional District Judge-II, Battagram, dated 21-04-2018, in Civil Appeal No. 23/13 through which the learned appellate Court set aside the judgment and decree dated 28-03-2017 passed by learned Civil Judge-I, Battagram and decreed the suit of the respondent/plaintiff. The underlying dispute involves the petitioner Amir Muhammad's purchase of land measuring 181/2 Marlas in Khasra No. 315, Mauza Jesole, District Battagram, through mutation No. 642 dated 18-12-2013. The respondent, Waliullah Khayali, filed Suit No. 103/1 for pre-emption against this sale on 11-04-2014, asserting his right under the Khyber Pakhtunkhwa Pre-emption Act, 1987. The trial court dismissed the suit, finding that the plaintiff failed to prove the cause of action and fulfill the necessary Talbs as per the law. The appellate court reversed this decision, decreeing in favor of the respondent. However, upon further review, it was determined that the appellate court had not correctly appreciated the evidence, particularly regarding the proper attestation of the notice of Talb-i-Ishhad and the personal service of the defendant. Consequently, the appellate court's judgment was set aside, and the trial court's original decree was restored. This decision underscores the critical importance of adhering to procedural requirements in pre-emption cases and the necessity for accurate evidence evaluation by appellate courts. |
| Summary |
In the landmark case Civil Revision No. 219-A of 2018 adjudicated by the Peshawar High Court, petitioner AMIR MUHAMMAD contested the appellate court's decision dated 21-04-2018, which had overturned the trial court's judgment from 28-03-2017 favoring WALIULLAH KHAYALI. The crux of the dispute revolves around the Khyber Pakhtunkhwa Pre-emption Act, 1987, specifically Section 13, and the Transfer of Property Act, 1882, Section 3. AMIR MUHAMMAD had acquired a significant parcel of land in Battagram, which led WALIULLAH KHAYALI to invoke his pre-emption rights. The legal proceedings delved deep into the procedural requisites of issuing Talbs—formal notices necessary for exercising pre-emption rights. The trial court had initially dismissed the pre-emption suit, citing insufficient proof of the necessary Talbs. However, the appellate court reinstated the suit, favoring the respondent. Upon revision, it was revealed that the appellate court had inadequately assessed the evidence, particularly the attestation protocols of the Talb-i-Ishhad notice and the lack of personal service proof to the defendant. This oversight led to the restoration of the trial court's decision, emphasizing the judiciary's role in meticulously scrutinizing procedural compliance in property and pre-emption cases. The case also referenced several precedents, including Munawar Hussain v. Afaq Ahmed and others 2013 SCMR 721 and Muhammad Zahid v. Dr. Muhammad Ali PLD 2014 SC 488 rel., reinforcing the necessity for stringent adherence to legal protocols in pre-emption disputes. This judgment serves as a pivotal reference for future cases involving property disputes and the invocation of pre-emption rights, ensuring that legal practitioners and parties involved uphold the highest standards of procedural integrity. |
| Court |
Peshawar High Court
|
| Entities Involved |
Peshawar High Court,
AMIR MUHAMMAD,
WALIULLAH KHAYALI,
AHMAD ALI, JUSTICE
|
| Judges |
AHMAD ALI, JUSTICE
|
| Lawyers |
Tahir Faraz Abbasi,
Muhammad Ilyas Khan
|
| Petitioners |
AMIR MUHAMMAD
|
| Respondents |
WALIULLAH KHAYALI
|
| Citations |
2020 SLD 2092,
2020 PLD 158
|
| Other Citations |
Munawar Hussain v. Afaq Ahmed and others 2013 SCMR 721,
Muhammad Bashir v. Abbasi Ali Shah 2007 SCMR 1105,
Bashir Ahmed v. Ghulam Rasool 2011 SCMR 762,
Allah Ditta through L.Rs v. Muhammad Anwar 2013 SCMR 866,
Muhammad Ali v. Mst. Humera Fatima 2013 SCMR 178,
Muhammad Anwar v. Safeer Ahmed 2017 SCMR 404,
Nazir Ahmed v. M. Muzaffar Hussain 2008 SCMR 1639,
Muhammad Zahid v. Dr. Muhammad Ali PLD 2014 SC 488 rel.
|
| Laws Involved |
Khyber Pakhtunkhwa Pre-emption Act, (X of 1987),
Transfer of Property Act, 1882
|
| Sections |
13,
3
|