| Case ID |
37d4c5c5-e0fb-4930-aaf6-7863e67442f7 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 796 |
| Decision Date |
Jun 05, 1988 |
| Hearing Date |
Jun 05, 1988 |
| Decision |
In this petition for special leave to appeal arising out of a pre-emption suit, the primary issue was whether the transaction was an exchange or a sale. The trial court determined it as an exchange and dismissed the suit. However, the Additional District Judge reversed this decision on appeal, categorizing it as a sale and decreeing the suit. The High Court upheld the appellate court's finding, which was supported by substantial evidence. Furthermore, an objection raised by the petitioners regarding the procedure adopted by the Additional District Judge was not entertained due to its omission in the earlier proceedings. Consequently, the petition was dismissed, affirming the previous rulings. |
| Summary |
This case revolves around a dispute concerning the nature of a transaction in a pre-emption suit under the Punjab Pre-emption Act, 1913. The Supreme Court of Pakistan addressed the pivotal question of whether the transaction was an exchange or a sale. Initially, the trial court ruled in favor of an exchange, leading to the dismissal of the suit. However, upon appeal, the Additional District Judge found compelling evidence to classify the transaction as a sale, which was subsequently upheld by the High Court. The Supreme Court highlighted the importance of procedural integrity and the necessity of raising objections at the appropriate stage, ultimately dismissing the petition for special leave to appeal. This case underscores the complexities of property law, particularly concerning pre-emption rights, and illustrates the judicial process in resolving such disputes. Keywords: pre-emption, property law, Supreme Court of Pakistan, Punjab Pre-emption Act, judicial process, appeals, legal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
Not available
|
| Petitioners |
ABDUL GHAFOOR,
others
|
| Respondents |
others,
Mst. FATEH BEGUM
|
| Citations |
1988 SLD 2712,
1988 SCMR 1639
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act, 1913,
Constitution of Pakistan, 1973
|
| Sections |
21,
185(3)
|