| Case ID |
14a27f42-0a4c-4766-bba1-0c4a8e3cb366 |
| Body |
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| Case Number |
Civil Appeals Nos. 308, 309 and 310 of 2006 |
| Decision Date |
Jul 27, 2011 |
| Hearing Date |
Jul 27, 2011 |
| Decision |
The Supreme Court dismissed the appeals, affirming that the right of pre-emption did not exist at the time of acquisition of the land by the respondents as affectees of the Mangla Dam. The court held that the original plaintiff's claims had been adequately addressed in previous proceedings, and the fresh decision sought under the Punjab Pre-emption Ordinance could not create a right that did not exist at the time of the original suit. The court noted that the mandatory requirements for establishing the right of pre-emption were not satisfactorily fulfilled, leading to the dismissal of the suits. |
| Summary |
This case revolves around the interpretation and application of the Punjab Pre-emption Act and Ordinance concerning the right of pre-emption in land disputes. The Supreme Court of Pakistan addressed multiple layers of litigation regarding pre-emption suits initiated in 1975, which were dismissed at various judicial levels due to the absence of a legal right of pre-emption following the acquisition of land by the respondents. The court emphasized the importance of proving specific legal requirements such as 'Talb-i-Ishhad' and the necessity of establishing a right of pre-emption at the time of the original suit. The case illustrates the complexities involved in land acquisition and the legal principles governing pre-emption rights, making it a significant reference for future cases in similar contexts. The decision reinforces the legal principle that a right of pre-emption cannot be retroactively established if it did not exist at the time of the original claim, and highlights the procedural rigor required in such suits. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER,
JAMALI,
ASIF SAEED KHAN KHOSA
|
| Lawyers |
Malik Muhammad Qayyum, Senior Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record,
Gul Zarin Kiyani, Senior Advocate Supreme Court
|
| Petitioners |
MUKHTAR HUSSAIN and others
|
| Respondents |
SOHBAT ALI and another
|
| Citations |
2011 SLD 1987,
2011 SCMR 1926
|
| Other Citations |
Muhammad Ishaq v. Muhammad Sadiq 2007 SCMR 1478,
Jasraj Indersingh v. Hemraj Multanchand AIR 1977 SC 1011
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991),
Punjab Pre-emption Ordinance (XVIII of 1990),
Punjab Pre-emption Act (I of 1913)
|
| Sections |
13,
16,
35(1),
36(1),
8
|