| Case ID |
3789523c-37c9-4686-91b4-9f90faa2a917 |
| Body |
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| Case Number |
Civil Petition No. 834 of 1984 |
| Decision Date |
Jun 04, 1985 |
| Hearing Date |
Jun 04, 1985 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the High Court's decree in favor of the pre-emptor, Tajoo. The Court found that the petitioners had not sufficiently pressed the argument of waiver regarding the pre-emptor's conduct during the trial and appellate proceedings. The Court upheld the findings of the lower courts concerning the status of the petitioners as tenants and the Benami nature of the suit. The lack of substantial evidence to support claims of waiver led to the conclusion that the case did not merit further examination by the Supreme Court, resulting in a dismissal of the petition. |
| Summary |
In the case of Civil Petition No. 834 of 1984, the Supreme Court of Pakistan dealt with a matter concerning pre-emption under the Punjab Pre-emption Act, 1913. The controversy arose when Tajoo, the respondent, sought to pre-empt a sale made by vendor Mumtaz to the petitioners. The initial suit was dismissed, but the appeal by Tajoo was accepted, leading to a decree in his favor. The petitioners challenged this decision in the Supreme Court, raising several contentions, including tenant status and claims of waiver. However, the Supreme Court found that the petitioners did not adequately present their arguments in lower courts, particularly regarding the waiver issue, which was not pressed in trial or appellate proceedings. The Court confirmed the decisions of the lower courts, emphasizing the importance of procedural adherence and the necessity of substantiating claims during litigation. As a result, the petition was dismissed. This case highlights the complexities of property law and the significance of pre-emption rights in Pakistan, making it a critical reference point for future cases involving similar legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
M.S.H. QURAISHI
|
| Lawyers |
Zaki-ud-Din Pal, Senior Advocate, Supreme Court,
Mahmood A. Qureshi, Advocate-on-Record,
Ch. Khurshid Ahmad, Senior Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record
|
| Petitioners |
others,
MUHAMMAD SHAFI
|
| Respondents |
TAJOO
|
| Citations |
1985 SLD 997,
1985 SCMR 1911
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Pre-emption Act (I of 1913)
|
| Sections |
Art. 185(3),
S. 21
|