| Case ID |
3b043147-51dd-4e22-8bd2-733947e5ee9f |
| Body |
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| Case Number |
Civil Petition No. 80-P of 1980 |
| Decision Date |
Nov 27, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Khuna Gul against the judgment of the Peshawar High Court regarding the pre-emption suit. The court upheld the finding that the suit was time-barred under the 'Riwaj' law, as the petitioner failed to file within the one-month limitation period after the sale. The Court emphasized that the provisions of the N.W.F.P. Pre-emption Act and the Limitation Act could not revive a cause of action that had already become barred under the previous law. The court noted that the right acquired by the respondents under the 'Riwaj' law remained unaffected by subsequent changes in the law of limitation. |
| Summary |
In the case of Khuna Gul vs. Mian Said Farid, the Supreme Court of Pakistan addressed the issue of pre-emption rights under the N.W.F.P. Pre-emption Act, 1950, and the Limitation Act, 1908. The case arose from a challenge to the sale of property situated in Islampur, District Swat, with the petitioner arguing for the right to pre-empt the sale based on the 'Riwaj' law applicable at the time. The court examined the timeline of events, including the filing of the pre-emption suit and the subsequent legal changes affecting the jurisdiction. Ultimately, the court found that the petitioner had not adhered to the limitations set forth by the 'Riwaj' law, leading to the dismissal of the petition. The decision underscores the importance of adhering to procedural laws and the implications of legal changes on existing rights. This case illustrates the complexities of property law, pre-emption rights, and the significance of timely legal action in light of changing statutes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nasim Hasan Shah,
Mian Burhanuddin Khan
|
| Lawyers |
Qasim Imam
|
| Petitioners |
Khuna Gul
|
| Respondents |
another,
Mian Said Farid
|
| Citations |
1983 SLD 405,
1983 PLD 209
|
| Other Citations |
Central Exchange Bank Ltd. v. Ch. Dilawar Ali Khan and others P L D 1965 Lab. 628,
Mst. Allah Rakhi v. Shah Muhammad Abdur Rahim and others A I R 1934 P C 77
|
| Laws Involved |
N.W.F.P. Pre-emption Act, 1950,
Limitation Act, 1908
|
| Sections |
2
|