| Case ID |
106a76f8-eb55-438c-9445-3bff2fd96617 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 63-B of 2013 |
| Decision Date |
Dec 13, 2017 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the revision petition filed by the petitioner, Qutab-ud-Din, against the concurrent judgments and decrees of the learned Civil Judge-VI and Additional District Judge-IV, Lakki Marwat. The court found that the petitioner failed to prove the performance of Talb-i-Muwathibat and Talb-i-Ishhad as required under Section 13 of the Khyber Pakhtunkhwa Pre-emption Act, 1987. The court held that the evidence presented by the petitioner did not substantiate the claims of having executed the necessary pre-emption notices correctly. Therefore, the decision of the lower courts was upheld, and the revision was dismissed. |
| Summary |
In the case of Qutab-ud-Din vs. Mutabar Khan, the Peshawar High Court addressed the complexities surrounding the Khyber Pakhtunkhwa Pre-emption Act, 1987. The petitioner, Qutab-ud-Din, sought to exercise his right of pre-emption over a property sale, claiming he had performed the requisite notifications. However, the court highlighted significant gaps in the procedural requirements, particularly the failure to adequately demonstrate the performance of Talb-i-Muwathibat and Talb-i-Ishhad. The ruling emphasized that for the right of pre-emption to be validly exercised, all legal formalities must be meticulously adhered to. The decision reinforced the principle that concurrent findings of lower courts should not be overturned unless clear legal errors are present. This case serves as a critical reference for legal practitioners navigating pre-emption laws in Pakistan, illustrating the stringent requirements necessary for successfully claiming pre-emption rights. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKOOR
|
| Lawyers |
Arif Khan,
Umer Daraz Khattak
|
| Petitioners |
Qutab-ud-Din
|
| Respondents |
Mutabar Khan
|
| Citations |
2018 SLD 1519 = 2018 YLR 1328
|
| Other Citations |
Muhammad Zahid v. Dr. Muhammad Ali PLD 2014 SC 488,
Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105,
Basheer Ahmed v. Ghulam Rasool 2011 SCMR 762,
Muhammad Rashid Ahmad v. Muhammad Saddique PLD 2002 SC 293,
Muhammad Idrees and others v. Muhammad Pervaiz and others 2010 SCMR 5
|
| Laws Involved |
Khyber Pakhtunkhwa Pre-emption Act, (X of 1987),
Civil Procedure Code (V of 1908)
|
| Sections |
13,
115
|