| Case ID |
0fe2ad98-7263-480b-b859-d422f6fbfec1 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 50 of 1999 |
| Decision Date |
May 06, 1999 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by the petitioner, Sher Khan, regarding the pre-emption of land in Village Murali. The court found that the notice sent by the respondents was within the legal timeframe as stipulated by Section 13 of the Punjab Pre-emption Act, 1991. The court ruled that the respondents had adequately fulfilled the legal requirements for pre-emption notice and that the petitioner's arguments lacked merit. Furthermore, the court noted that the claims raised by the petitioner were not presented in the lower courts and thus could not be considered. Consequently, the court upheld the decision of the Lahore High Court dismissing the revision petition. |
| Summary |
The Supreme Court of Pakistan adjudicated Civil Petition No. 50 of 1999 concerning a dispute over pre-emption rights under the Punjab Pre-emption Act, 1991. The case revolved around land measuring 8 Kanals and 5 Marlas sold to the petitioner, Sher Khan, for Rs.10,900. The respondents, having knowledge of the sale, filed for pre-emption. The court emphasized the importance of timely notice as required by law. It was determined that the notice sent by the respondents was within the permissible time frame, leading to the dismissal of the petition. This case highlights the critical elements of pre-emption law, including timely notifications and the necessity of raising relevant arguments in the appropriate forums. Keywords: Supreme Court, pre-emption, Punjab Pre-emption Act, legal notice, property rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, C.J.,
MAMOON KAZI,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Muhammad Munir Peracha, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
SHER KHAN
|
| Respondents |
others,
BAZ KHAN
|
| Citations |
1999 SLD 738,
1999 SCMR 2338
|
| Other Citations |
Zafar Ali v. Zainul Abidin 1992 SCMR 1886,
Mir Sahib Khan v. Muhammad Rauf Khan 1992 SCMR 1780,
Muhammad Gul v. Muhammad Afzal 1999 SCMR 724
|
| Laws Involved |
Punjab Pre-emption Act, 1991,
Constitution of Pakistan, 1973
|
| Sections |
13,
185
|