| Case ID |
2e287e5d-0219-4134-bfc8-6679f0d5e22f |
| Body |
View case body. Login to View |
| Case Number |
D-2741 of 2010 |
| Decision Date |
Apr 17, 2010 |
| Hearing Date |
Apr 22, 2010 |
| Decision |
The court found that the defendants failed to prove that the land was exchanged for better management, thus it was not exempt from pre-emption. The evidence presented by the plaintiff was sufficient to establish that the transaction was indeed a sale and that the plaintiff had a superior right of pre-emption. The judgments and decrees of the lower courts were upheld, and the revision petition was dismissed. |
| Summary |
This case involves a pre-emption dispute under the North-West Frontier Province Pre-emption Act, where the plaintiff, Rahmatullah Khan, claimed a superior right of pre-emption regarding a property transaction that the defendants characterized as an exchange. The courts analyzed the legal definitions of sale and exchange, the requisite conditions for pre-emption, and the validity of the Talbs made by the plaintiff. The ruling emphasized the necessity for the defendants to provide credible evidence that the transaction was an exchange for better management, which they failed to do. The court upheld the findings of the lower courts, confirming that the plaintiff's rights were validly established. This case highlights critical aspects of property law, particularly the nuances of pre-emption rights, making it significant for legal practitioners and property owners engaged in similar disputes. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ATTAULLAH KHAN, J,
AMIR NAWAZ KHAN
|
| Lawyers |
M. Saleemullah Khan Ranazai for Petitioners,
Nemo for Respondent
|
| Petitioners |
2 others,
Amir Nawaz Khan
|
| Respondents |
Rahmatullah Khan
|
| Citations |
2010 SLD 2421,
2010 CLC 1474
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Pre-emption Act
|
| Sections |
2(d)(1),
6,
13
|