| Case ID |
15c37484-e276-483f-934b-b32ea46f075b |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.359-P of 2005 |
| Decision Date |
Dec 12, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Khadim Hussain against the judgment of the Peshawar High Court, which had upheld the concurrent findings of the lower courts. The Supreme Court found no legal or factual infirmity in the High Court's decision, which concluded that the petitioner failed to adequately perform the necessary legal requirements for exercising the right of pre-emption. Specifically, the petitioner did not provide the name of the informer, nor the date, time, and place of the Talb-e-Muwathibat, which are critical components in such cases. The Court emphasized that without these details, the pre-emption claim could not be upheld. The dismissal was based on sound and cogent reasons, affirming the findings of the trial court and the appellate court. |
| Summary |
In the case of Khadim Hussain Vs Ghulam Eissa, the Supreme Court of Pakistan evaluated the legal intricacies surrounding the pre-emption rights as outlined in the North-West Frontier Province Pre-emption Act (X of 1987) and the Constitution of Pakistan, 1973. The case revolved around the petitioner's claim to pre-empt the sale of property that he alleged was sold to the respondents at a price lower than its market value. The petitioner, Khadim Hussain, failed to provide essential details regarding the Talb-e-Muwathibat, which is a demand made for pre-emption rights, including the name of the informer and the specific time and place of the demand. The High Court's decision to uphold the lower court's dismissal of the petition was based on the absence of these critical details, which the Supreme Court found justified. This case underscores the importance of adhering to procedural requirements in pre-emption claims and highlights the necessity for precise documentation and evidence in legal proceedings. The Court's dismissal reinforces the principle that legal rights must be exercised with due diligence and within the parameters set by law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN SHAKIRULLAH,
JAN,
IJAZ-UL-HASSAN KHAN
|
| Lawyers |
Mr. Riaz Ahmed Khan
|
| Petitioners |
KHADIM HUSSAIN
|
| Respondents |
others,
GHULAM EISSA
|
| Citations |
2009 SLD 1651,
2009 SCMR 488
|
| Other Citations |
Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others PLD 2007 SC 302
|
| Laws Involved |
Constitution of Pakistan, 1973,
North-West Frontier Province Pre-emption Act (X of 1987)
|
| Sections |
185(3),
13
|