| Case ID |
31d691b5-5e4b-4a79-aa21-ed55450cd061 |
| Body |
View case body. Login to View |
| Case Number |
C.R. No. 1185 and C.M. No. 173 of 2006 |
| Decision Date |
Apr 27, 2009 |
| Hearing Date |
Apr 27, 2009 |
| Decision |
The Peshawar High Court dismissed the revision petition filed by the petitioners against the Appellate Court's decision. The Court upheld that the plaintiffs did not fulfill the requirements of Talbs according to the North West Frontier Province Preemption Act, specifically sections 6 and 13. The evidence presented by the petitioners was found to contain material contradictions, particularly regarding the dates of knowledge of the sale transaction and the performance of Talbs. The Court found that the lower courts had appropriately assessed the evidence and ruled in favor of the respondents, thereby affirming the dismissal of the pre-emption suit. |
| Summary |
This case involves the interpretation and application of the North West Frontier Province Preemption Act of 1987, specifically concerning the requirements for pre-emption suits under sections 6 and 13. The petitioners, led by Muhammad Afzal, challenged the dismissal of their pre-emption suit, arguing that they had fulfilled the necessary legal requirements to claim pre-emption of a sale involving their predecessor, Palas. The trial court and subsequent appellate court found that the petitioners failed to demonstrate compliance with the statutory requirements, particularly in relation to the timing and manner of their declarations of intent to pre-empt. The High Court found that the lower courts had correctly identified inconsistencies in the testimonies provided by the petitioners, leading to the conclusion that the plaintiffs had not adequately fulfilled the Talbs necessary for a successful pre-emption claim. The High Court's decision emphasized the importance of strict adherence to procedural requirements in pre-emption cases, ultimately dismissing the revision petition as lacking merit. |
| Court |
Peshawar High Court
|
| Entities Involved |
Abdul Hameed,
Swal Faqir,
Palas
|
| Judges |
SAID MAROOF KHAN
|
| Lawyers |
Saifullah Khalid,
Mian Muhammad Iqbal
|
| Petitioners |
MUHAMMAD AFZAL AND OTHERS
|
| Respondents |
MUHAMMAD EHSANULLAH AND OTHERS
|
| Citations |
2010 SLD 1287,
2010 MLD 1648
|
| Other Citations |
Not available
|
| Laws Involved |
North West Frontier Province Preemption Act
|
| Sections |
6,
13
|