| Case ID |
38c07d8a-c3ec-4815-a3dd-5fa4509ba0a0 |
| Body |
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| Case Number |
Civil Petition No. 342-L of 1999 |
| Decision Date |
Nov 23, 1999 |
| Hearing Date |
Nov 23, 1999 |
| Decision |
The Supreme Court granted leave to appeal to address critical questions regarding the right of pre-emption over the suit land, which was vested in a Development Authority and not yet conferred upon private parties. The court examined whether the right to pre-emption was applicable against colony land under the Punjab Pre-emption Act, 1913, which was purportedly exempted under section 8. Furthermore, the court evaluated the pecuniary jurisdiction of the Civil Judge III Class in the matter and whether the case had been tried by a competent court at both trial and appellate stages. The court ultimately maintained the decision of the Lahore High Court, emphasizing the necessity of adhering to the provisions of the Punjab Pre-emption Act and the requirements for establishing the right of pre-emption by the respondent. |
| Summary |
In the case of Civil Petition No. 342-L of 1999, the Supreme Court of Pakistan deliberated on significant legal questions concerning the applicability of the Punjab Pre-emption Act (I of 1913) regarding a suit land that was under the jurisdiction of a Development Authority. The central issues revolved around whether the right of pre-emption was available against colony land and the implications of the Civil Judge's pecuniary jurisdiction. The court's decision upheld the Lahore High Court's ruling, indicating that the pre-emption suit filed by Mst. Nasima Faiz was valid and not hindered by procedural defects. This case highlights the complexities of property rights and pre-emption in Pakistan's legal landscape, as it navigates through various judicial interpretations and legislative provisions. The ruling reinforces the importance of jurisdictional competence and adherence to statutory requirements in the adjudication of civil disputes related to land ownership and pre-emption. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI, C.J.,
SH. RIAZ AHMED,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Ch.-Muhammad Abdus Salim, Senior Advocate Supreme Court,
Muhammad Aslam Ch., Advocate-on-Record for Petitioners,
Mian Atta-ur-Rehman, Advocate-on-Record for Respondent
|
| Petitioners |
4 others,
ABDUL RAHIM
|
| Respondents |
Mst. NASIMA FAIZ
|
| Citations |
2000 SLD 856,
2000 SCMR 941,
2000 SLD 1268
|
| Other Citations |
N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Constitution of Pakistan (1973)
|
| Sections |
8,
185(3)
|