| Case ID |
20b7a138-e317-48d9-bda0-61be207c9d56 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 1203-D of 1998 |
| Decision Date |
Apr 03, 2000 |
| Hearing Date |
Mar 14, 2000 |
| Decision |
The Lahore High Court dismissed the Civil Revision challenging the concurrent findings of the lower courts. The petitioner, Abdul Ghani, was unable to prove the essential requirements of 'Talb-e-Muwathibat' under Section 13 of the Punjab Pre-emption Act, 1991. The courts ruled that the petitioner failed to assert his pre-emption right promptly after learning of the sale. The decision emphasized the necessity of immediate assertion of the right of pre-emption and the importance of fulfilling all procedural requirements. The court upheld the lower courts' decisions as they found no substantial evidence to support the petitioner's claims regarding the pre-emption rights. |
| Summary |
This case revolves around the interpretation and application of the Punjab Pre-emption Act, 1991, particularly Section 13 regarding the exercise of pre-emption rights. The Lahore High Court dealt with the appeal of Abdul Ghani, who contested the findings of the lower courts that dismissed his claim of pre-emption against Muhammad Latif. The judgment highlighted the legal requirements for a valid claim of pre-emption, notably the prompt assertion of rights via Talb-e-Muwathibat. The court ruled that failure to fulfill these requirements extinguishes the right of pre-emption, as established in previous case law. The court further clarified that the intention to pre-empt must be clearly communicated and evidenced through proper procedures, which the petitioner failed to demonstrate. This case serves as a critical reference for future pre-emption claims, emphasizing the importance of adhering to statutory requirements and the consequences of procedural lapses in such matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. FAKHAR-UN-NISA KHOKHAR, J
|
| Lawyers |
Taqi Ahmad Khan for Petitioner,
Ch. Siddique Ahmad for Respondent
|
| Petitioners |
ABDUL GHANI
|
| Respondents |
MUHAMMAD LATIF
|
| Citations |
2000 SLD 2181,
2000 PLD 428
|
| Other Citations |
Gul Hassan Shah v. Mulazim Hussain Shah 1995 SCMR 294,
Muhammad Ramzan v. Lal Khan 1995 SCMR 1510,
Muhammad Sarwar v. Ashiq Ali PLD 1995 Lah. 133,
Amir Khan and 3 others v. Haji Ghulam Muhammad PLD 1997 SC 883,
Haji Rana Muhammad Shabbir Ahmad Khan v. Government of Punjab Province, Lahore PLD 1994 SC 1,
Abdul Malik v. Muhammad Latif 1999 SCMR 717,
Muhammad Yunus Khan and another v. Muhammad Yusuf ILR (sic) All. 334,
Jalal Din and another v. Nawab and others AIR 1941 Lah. 55,
Manzoor Hussain Shah v. Fazal Dad and another 2000 SCMR 216
|
| Laws Involved |
Punjab Pre-emption Act, 1991
|
| Sections |
13
|