Legal Case Summary

Case Details
Case ID 1643212a-9034-415f-af2a-c70edf9e5640
Body View case body.
Case Number Civil Appeal No. 1402 of 1996
Decision Date Jan 31, 2001
Hearing Date
Decision The Supreme Court of Pakistan ruled in favor of the appellant, Mehr MOMAN KHAN, regarding the preemption suit. The court found that the rejection of the plaint by the lower courts was not maintainable as the case could be decided on its merits under the principles of Islamic Law. The court stated that even in the absence of statutory law governing preemption, the principles of Islamic law would apply and that the plaint had shown that 'Talabs' had been made. Consequently, the Supreme Court accepted the appeal and remanded the case back to the Trial Court for a fresh decision on its merits.
Summary This case revolves around a preemption suit where the appellant, Mehr MOMAN KHAN, challenged the rejection of his plaint by the lower courts. The Supreme Court of Pakistan emphasized the application of Islamic Law to preemption suits, even when no specific statutory law was in place. The court noted that the rejection of the plaint was based on the incorrect assertion that there was no law of preemption at the time, hence the right could not be enforced. The court clarified that the principles governing preemption under Islamic Law should guide such cases, and upon reviewing the evidence, it was determined that the necessary 'Talabs' had indeed been made. This landmark decision underscores the importance of Islamic legal principles in matters of property rights and preemption, making it a crucial reference for future cases. The court's ruling not only reinstates the appellant's right but also sets a precedent for similar disputes where statutory law may be lacking. Keywords: preemption, Islamic Law, property rights, Supreme Court of Pakistan, legal principles.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges ABDUR REHMAN KHAN, TANVEER AHMED KHAN, Mehr MOMAN KHAN
Lawyers S.M. Tayyab
Petitioners Mehr MOMAN KHAN
Respondents 3 others, GHULAM ABBAS
Citations 2001 SLD 1615, 2001 SCMR 1979
Other Citations PLD 1989 SC 314, PLD 1993 SC 1083
Laws Involved Islamic Law
Sections Not available