| Case ID |
2038406b-f58e-4ea7-9af2-bdb5f74dde15 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 187/R of 19 |
| Decision Date |
Jul 01, 1986 |
| Hearing Date |
Jul 01, 1986 |
| Decision |
The Supreme Court of Pakistan dismissed the petition seeking leave to appeal against the judgment of the Peshawar High Court which allowed a Civil Revision filed by the respondents arising out of a pre-emption suit. The court ruled that the purchase of land by Umar Khan for building a house for his minor daughter, Sanin Kausar, was not a Benami transaction and was exempt from pre-emption under the applicable law. The court upheld the decision of the High Court that the land could be partitioned, thereby allowing the vendee to construct a house on the purchased land. The arguments presented by the petitioners were found to lack merit, leading to the dismissal of the petition. |
| Summary |
This case revolves around the interpretation of pre-emption laws in Pakistan, particularly concerning transactions made for the benefit of minors. The Supreme Court examined the legal framework surrounding Benami transactions, emphasizing that a father purchasing property for his minor daughter is a socially accepted practice. The court concluded that the purchase was legitimate and exempt from pre-emption laws, as the area acquired was within legal limits and intended for residential purposes. This case reinforces principles related to property rights and family law, highlighting the court's stance on protecting children's interests in property matters. Key terms include pre-emption, Benami transactions, property rights, family law, and minors' rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
M. Rafique,
Khan Imtiaz Muhammad Khan
|
| Petitioners |
AHMAD SULTAN KHAN
|
| Respondents |
Umar Khan,
Mst. SANIN KAUSAR
|
| Citations |
1986 SLD 950,
1986 SCMR 1591
|
| Other Citations |
Iman v. Saifur Rehman 1982 P S C 1474,
Qasim Khan v. Nawaz Khan and others 1979 SCMR 358
|
| Laws Involved |
N.-W.F.P. Pre-emption Act (XIV of 1950),
Constitution of Pakistan (1973)
|
| Sections |
4,
5,
185(3)
|