| Case ID |
3703e4b5-abcc-438c-84e3-04899cd5dcc4 |
| Body |
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| Case Number |
Civil Petition No. 729 of 1988 |
| Decision Date |
Aug 13, 1988 |
| Hearing Date |
Jul 10, 1988 |
| Decision |
The Supreme Court of Pakistan addressed the issue of pre-emption under the Punjab Pre-emption Act, 1913, and emphasized that no decree could be granted in favor of pre-emptors after July 31, 1986. The Court noted that despite previous judgments, certain High Court judges had taken a contrary position, leading to the conversion of the petition into an appeal. The appeal was ordered to be heard promptly without requiring security, with directions for document submission, while suspending the general effect of the impugned judgment. The Court relied on earlier rulings to reinforce its position on the matter of pre-emption. |
| Summary |
This case revolves around the interpretation and application of the Punjab Pre-emption Act, 1913, particularly focusing on sections 15 and 30, as well as constitutional provisions under the Constitution of Pakistan, 1973. The Supreme Court of Pakistan ruled on the implications of pre-emption rights and established that no decrees could be issued to pre-emptors post the specified date, effectively curbing the ability to claim co-ownership and contiguity as grounds for pre-emption. This decision is significant for legal practitioners and stakeholders involved in property rights and real estate law in Pakistan, as it highlights the evolving jurisprudence surrounding pre-emption claims and the necessity for adherence to established legal precedents. The case serves as a critical reference point for future litigation concerning property disputes and pre-emption rights in Pakistani law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
Not available
|
| Petitioners |
and anothers,
AIWAS KHAN
|
| Respondents |
ALLAH BAKHSH
|
| Citations |
1988 SLD 2783 = 1988 SCMR 1799
|
| Other Citations |
P L D 1988 S C 287,
P L D 1988 S C 355
|
| Laws Involved |
Punjab Pre-emption Act, 1913,
Constitution of Pakistan, 1973,
North-West Frontier Province Pre-emption Act (XIV of 1950)
|
| Sections |
15,
30,
185(3),
189
|