| Case ID |
1a3fbe98-7c71-4fd0-89b8-cd3b13c1277f |
| Body |
View case body. Login to View |
| Case Number |
C.A. Nos. 1951 of 2000 & 1178 of 2005 |
| Decision Date |
Dec 12, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan concluded that it is mandatory for a pre-emptor to disclose the particulars of the date, time, and place of making 'Talb-i-Muwathibat' in a plaint for a pre-emption suit. The court emphasized that the failure to mention these details would render the plaint fatal to the pre-emption suit. The court affirmed the need for clarity regarding the immediate demand of pre-emption and the subsequent obligations of the pre-emptor to perform 'Talb-i-Ishhad' within a stipulated time frame. The implications of not adhering to these requirements were discussed, particularly focusing on the interpretation of 'immediate' as defined in legal terms and previous case law. The court also distinguished between necessary and unnecessary details in pleadings, stating that while the names of witnesses need not be included, critical details regarding the timing of demands must be clearly stated to ensure compliance with the statutory requirements. |
| Summary |
This case revolves around the interpretation and application of the Punjab Pre-emption Act, 1991, particularly Section 13, which lays out the demands of pre-emption that must be fulfilled by a pre-emptor. The Supreme Court addressed whether details such as the date, time, and place of making 'Talb-i-Muwathibat' are essential in a plaint for a pre-emption suit. The court held that these particulars are indeed crucial for determining the validity of the demand and ensuring the enforcement of pre-emption rights. The decision elaborated on the concept of 'immediate' demand and its implications on the performance of subsequent legal obligations, reinforcing the necessity of precise legal language in pleadings. The ruling aligns with the existing legal framework, ensuring that pre-emption suits adhere to established procedural norms. This case is significant for practitioners in property law, particularly in the context of pre-emption rights, and sets a precedent for future cases requiring compliance with statutory obligations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Iftikhar Muhammad Chaudhry,
Javed Iqbal,
Saiyed Saeed Ashhad
|
| Lawyers |
Ch. Afrasiab Khan, ASC,
Ch. Akhtar Ali, AOR,
Hafiz S.A. Rehman, ASC,
Mr. Abdul Rahsid Awan, ASC,
Mr. M.A. Azidi, AOR,
Mr. Muhammad Munir Paracha, ASC,
Mr. Ejaz Muhammad Khan, AOR
|
| Petitioners |
MIAN PIR MUHAMMAD and others
|
| Respondents |
FAQIR MUHAMMAD (deceased) through L.Rs and others
|
| Citations |
2007 SLD 3361,
2007 PLJ 596
|
| Other Citations |
2003 YLR 570,
2004 CLC 1949,
PLD 2001 SC 13,
1983 CLC 2441,
2000 SCMR 329,
2000 SCMR 314,
PLD 2003 SC 315,
PLD 2005 SC 977
|
| Laws Involved |
Punjab Pre-emption Act, 1991,
Constitution of Pakistan, 1973
|
| Sections |
13,
185(3)
|