| Case ID |
2b3828e4-8a33-4cc4-8758-2927fdb2f7c7 |
| Body |
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| Case Number |
Civil Appeal No.501 of 2006 |
| Decision Date |
Apr 18, 2008 |
| Hearing Date |
Apr 18, 2008 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the petitioner, Mst. Bashiran Begum, against the decision of the Lahore High Court that dismissed her suit for pre-emption. The Court held that it is mandatory to mention the date, place, and time of making Talb-i-Muwathibat in the plaint, as the absence of such details makes it difficult to calculate the time frame for making Talb-i-Ishhad. The Court emphasized that without these details, the pre-emption suit cannot be maintained, leading to the dismissal of the appeal with no order as to costs. |
| Summary |
This case revolves around the legal principles of pre-emption under the Punjab Pre-emption Act, 1913, highlighting the necessity of precise details in legal plaints. Mst. Bashiran Begum sought to pre-empt a property sale but failed to adequately document the required details regarding her knowledge of the sale and the execution of Talb-i-Muwathibat. The Supreme Court clarified that such omissions are fatal to the suit's success, reinforcing the importance of compliance with statutory requirements in pre-emption cases. The decision underscores the rigorous standards applied by courts in evaluating the sufficiency of claims in property disputes, particularly in the context of pre-emption rights. Keywords such as 'Punjab Pre-emption Act', 'pre-emption suit', 'legal requirements', and 'Supreme Court of Pakistan' are crucial for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD QAIM JAN KHAN,
SHEIKH HAKIM ALI
|
| Lawyers |
Mumtaz Mustafa, Advocate Supreme Court,
Ejaz Ansari, Advocate Supreme Court
|
| Petitioners |
MST. BASHIRAN BEGUM
|
| Respondents |
NAZAR HUSSAIN,
SARDAR MUHAMMAD
|
| Citations |
2008 SLD 1166,
2008 PLD 559
|
| Other Citations |
PLD 2005 SC 977,
PLD 2007 SC 302,
PLD 2003 SC 315,
2000 SCMR 329,
2000 SCMR 314
|
| Laws Involved |
Punjab Pre-emption Act, 1913,
Constitution of Pakistan, 1973
|
| Sections |
13,
13(2),
85(2)(d)
|