| Case ID |
145f90cc-a646-48d1-9fbc-59c712f76393 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 16 |
| Decision Date |
Oct 26, 1978 |
| Hearing Date |
|
| Decision |
The petition seeks leave to appeal against the judgment of the Peshawar High Court, which dismissed the revision application of the petitioners against the judgment of the District Judge, Abbottabad, maintaining the decree of the trial Court. The respondent, Siddiq Hussain Shah, purchased agricultural land and was granted pre-emption rights. The petitioners contested the suit but the trial Court decreed in favor of the respondent. The concurrent findings of the lower courts were upheld, and the objections raised by the petitioners were not found to have merit, leading to the dismissal of the petition. |
| Summary |
This case revolves around the issue of pre-emption under the N.W.F.P. Pre-emption Act (XIV of 1950). The Supreme Court of Pakistan examined the case of Muhammad Ayub Shah and others against Sarwar Shah regarding the right of pre-emption on agricultural land. After a thorough analysis of the evidence and legal provisions, the Court upheld the decisions of the lower courts, emphasizing the importance of adhering to procedural requirements in civil litigation. The decision highlights the necessity for petitioners to raise all relevant issues, including limitation, at the earliest stages of litigation. The ruling serves as a vital reference for future cases concerning pre-emption rights, limitations, and the principles of concurrent findings in appellate review, reinforcing the need for careful legal representation. The case underscores the significance of understanding property rights and the implications of land transactions in Pakistan's legal framework. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
G. SAFDAR SHAH, J.
|
| Lawyers |
Nazirullah Khan,
Syed Safdar Hussain,
M. H. Lughmani Khan,
M. Qasim Imam
|
| Petitioners |
4 OTHERS,
MUHAMMAD AYUB SHAH
|
| Respondents |
ANOTHER,
SARWAR SHAH
|
| Citations |
1979 SLD 472,
1979 SCMR 72
|
| Other Citations |
Muhammad Khan and another v. Sadiq and others P L D 1968 Lah. 929,
Malik Hussain and others v. Lala Ram Chand and others P L D 1970 SC 299
|
| Laws Involved |
N. W. F. P. Pre emption Act (XIV of 1950),
Constitution of Pakistan (1973)
|
| Sections |
31,
185(3)
|