| Case ID |
1affd495-67f5-482e-892a-8e9ecc0a63fd |
| Body |
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| Case Number |
Civil Petition No.2148-L of 2022 |
| Decision Date |
Jan 25, 2024 |
| Hearing Date |
Jan 25, 2024 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of Muhammad Riaz against the Lahore High Court's dismissal of his pre-emption suit. The Court concluded that the delay of one or two minutes by one of the pre-emptors in making a declaration of Talb-i-Muwathibat was fatal to the pre-emption claim. The Court emphasized that pre-emptors must act immediately upon acquiring knowledge of a sale to exercise their right of pre-emption. The decision restored the trial court's judgment dismissing the pre-emption suit. The Court also noted that the pre-emptors failed to prove the validity of their Talb-i-Muwathibat due to an incomplete chain of information regarding the sale. |
| Summary |
In the case of Muhammad Riaz v. Muhammad Akram, the Supreme Court of Pakistan dealt with issues related to the Punjab Pre-emption Act, 1991, specifically focusing on the requirements for exercising the right of pre-emption. The Court highlighted the necessity of immediate action by pre-emptors upon receiving information about a sale. The case revolved around the Talb-i-Muwathibat, a legal demand that must be made without delay. The judgment emphasized that even minor delays can jeopardize a pre-emption claim, referencing previous case law to reinforce this principle. The Court's decision to restore the trial court's dismissal of the suit underscored the importance of adhering to procedural requirements in pre-emption cases, ensuring that the rights of parties are protected within the framework of the law. This case serves as a significant reference for future pre-emption disputes, illustrating the stringent standards that must be met for a successful claim. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood,
Amin-ud-Din Khan,
Syed Hasan Azhar Rizvi
|
| Lawyers |
Muhammad Jawad Zafar,
Haroon Dugal,
Ch. Akhtar Ali
|
| Petitioners |
MUHAMMAD RIAZ
|
| Respondents |
others,
MUHAMMAD AKRAM
|
| Citations |
2024 SLD 2784,
2024 SCMR 692
|
| Other Citations |
Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others PLD 2007 SC 302,
Muhammad Nazeef Khan v. Gulbat Khan and others 2012 SCMR 235,
Bashir Ahmed v. Muhammad Zaman 2021 SCMR 134,
Mst. Rooh Afza v. Auranazeb and others 2015 SCMR 92,
Farid Ullah Khan v. Irfan Ullah Khan 2022 SCMR 1231,
Dilshad Begum v. Mst. Nisar Akhtar 2012 SCMR 1106,
Nawab Din through L.Rs. v. Faqir Sain 2007 SCMR 401,
Abdul Qayyum v. Muhammad Sadiq 2007 SCMR 957
|
| Laws Involved |
Punjab Pre-emption Act, 1991
|
| Sections |
13(1)(a)
|