| Case ID |
1437d5c4-1fa4-445c-814d-a457a1fb6862 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 952 |
| Decision Date |
May 16, 1988 |
| Hearing Date |
May 16, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal. The main question raised regarding the right of the respondents, who are pre-emptors, to seek the decree for pre-emption was concluded by findings of fact reached by three lower courts against the petitioners. The Court declined to interfere with the decisions of the lower courts, affirming that the case did not warrant the grant of leave to appeal. The petition was disposed of based on the materials placed on record, and leave to appeal was refused. |
| Summary |
In the case of Muhammad Afzal Zullah and Saad Saood Jan, the Supreme Court of Pakistan addressed the complexities surrounding the Punjab Pre-emption Act, 1913, specifically Section 21. The primary issue revolved around the right of the petitioners to challenge the decrees issued by the lower courts concerning pre-emption rights. The Court upheld the findings of the Lahore High Court, which had already determined the facts against the petitioners. The ruling emphasized the importance of adhering to factual conclusions made by lower courts. The decision not only reinforces the principles of pre-emption in Pakistan but also highlights the challenges faced by petitioners in overturning established findings. This case serves as a notable reference for future legal discussions on pre-emption rights and the judicial process in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
Mahmood A. Qureshi,
Riyasat Ali
|
| Petitioners |
2 others,
SHAH MUHAMMAD
|
| Respondents |
5 others,
MUHAMMAD BIBI
|
| Citations |
1988 SLD 2579,
1988 SCMR 1367
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act, 1913
|
| Sections |
21
|