| Case ID |
37d3ba41-883a-4720-b1c1-b1a3629a65d0 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.1670-L of 19 |
| Decision Date |
Nov 24, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the lower courts' decisions regarding the pre-emption suit filed by Muhammad Ismail. The petitioners failed to establish any substantial legal grounds to overturn the concurrent findings of fact recorded by the trial court and the appellate courts. The evidence presented by the respondent demonstrated a clear superior right of pre-emption based on the established relationship with the vendor. The court dismissed the petition for leave to appeal, concluding that no significant question of law was raised and that the evidence overwhelmingly favored the respondent. |
| Summary |
In the case of Civil Petition for Leave to Appeal No.1670-L of 1998, the Supreme Court of Pakistan addressed the issue of pre-emption under the Punjab Pre-emption Act (1 of 1913). The petitioner, Muhammad Ismail, successfully proved his superior right of pre-emption through substantial oral and documentary evidence. The courts below had consistently upheld his claims, leading to the dismissal of the petition for leave to appeal. This case underscores the importance of establishing family relations in pre-emption suits and highlights the strict adherence to evidence in judicial proceedings. Keywords such as 'pre-emption law', 'Superior right of pre-emption', and 'Punjab Pre-emption Act' are trending topics in legal discussions, making this case significant for legal scholars and practitioners. The decision emphasizes the judiciary's role in protecting rightful claims based on established familial ties, reinforcing the legal principles underpinning property rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KHALIL-UR-REHMAN KHAN,
MUNIR A. SHEIKH
|
| Lawyers |
C.M. Latif Rawan, Senior Advocate Supreme Court,
Muhammad Aslam Chaudhry, Advocate-on-Record,
Mian Attaur Rehman, Advocate-on-Record
|
| Petitioners |
4 others,
MUSHTAQ AHMAD
|
| Respondents |
MUHAMMAD ISMAIL
|
| Citations |
1999 SLD 487,
1999 SCMR 2372
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act (1 of 1913),
Constitution of Pakistan (1973)
|
| Sections |
15,
Art. 185(3)
|