| Case ID |
2e782240-1099-4659-b115-3785de0f2085 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No.337 of 2002 |
| Decision Date |
Jan 18, 2005 |
| Hearing Date |
Jan 18, 2005 |
| Decision |
The Peshawar High Court set aside the judgment of the Appellate Court and restored the decree of the Trial Court. The High Court found that the Appellate Court had failed to appreciate the evidence correctly and had not applied the proper law. The Trial Court had based its decision on cogent reasoning and proper evidence appreciation, concluding that both parties were entitled to half share in the property in question. The suit was adjudged to be within the limitation period as Talb-e-Muwathibat was made on the same day the petitioner gained knowledge of the sale. The Court ruled that the respondents' objection regarding the notice of Talb-e-Ishhad was not valid since it was not raised in the written statement. |
| Summary |
This case revolves around a civil dispute regarding the right of pre-emption under the North-West Frontier Province Pre-emption Act, 1987. The petitioner, Haji Muhammad Tawas, sought possession of land via pre-emption against the respondents, Fazal Hussain and others. The Trial Court ruled in favor of Tawas, granting him half share of the property based on evidence that both parties owned contiguous properties. However, the Appellate Court dismissed this ruling, claiming the suit was barred by time. The Peshawar High Court reviewed the case and determined that the Appellate Court had misinterpreted the evidence and the law, leading to the reversal of its decision. This case highlights important aspects of property law, particularly regarding pre-emption rights and the significance of timely legal actions. It underscores the necessity of proper evidence appreciation in judicial decisions, making it a crucial reference in property law litigation. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
TALAAT QAYUM QURESHI, J
|
| Lawyers |
Abdul Latif Afridi,
Muhammad Aman Khan
|
| Petitioners |
Haji Muhammad Tawas
|
| Respondents |
others,
Fazal Hussain
|
| Citations |
2005 SLD 1232 = 2005 CLC 719
|
| Other Citations |
PLD 1994 SC 356,
PLD 1984 SC 188,
2003 YLR 95,
2000 CLC 336,
2004 YLR 115,
Gharib Shah and others v. Zarmar Gul PLD 1984 SC 188,
Tajul Mulk v. Mst. Zaitoon Bibi and 3 others PLD 1994 SC 356,
Gul Rehman and another v. Muhammad Ismail 2003 YLR 95
|
| Laws Involved |
North-West Frontier Province Pre-emption Act (IV of 1987),
Civil Procedure Code (V of 1908)
|
| Sections |
6,
13,
31,
O. XIII, Rr. 1,
O. XIII, Rr. 7
|