| Case ID |
3b35016b-26c5-4332-8197-7e0919b8536b |
| Body |
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| Case Number |
Civil Appeal No. 1352 of 2005 |
| Decision Date |
Aug 03, 2009 |
| Hearing Date |
Aug 03, 2009 |
| Decision |
The Supreme Court of Pakistan allowed the appeal, setting aside the judgment of the Lahore High Court which had decreed the suit in favor of the pre-emptor, Israr Ahmad. The Court found that the pre-emptor failed to provide necessary details regarding the Talbs required under the Punjab Pre-emption Act, specifically the place, date, and time of Talb-e-Muwathibat and the date of issuance of notice of Talb-e-Ishhad. As these details are crucial for the maintainability of a pre-emption suit, the concurrent findings of the Trial Court and Lower Appellate Court were upheld, leading to the dismissal of the suit for pre-emption. |
| Summary |
This case revolves around the application of the Punjab Pre-emption Act (IX of 1991) regarding the right of pre-emption in a land sale dispute. The Supreme Court addressed significant legal principles related to the requirements for making Talbs, specifically emphasizing the necessity of including essential details such as the place, date, and time of Talb-e-Muwathibat. The Court highlighted that the absence of these details was fatal to the maintainability of the suit. The decision also reinforced the importance of truthful witnesses in pre-emption cases and concluded that the appellant (Israr Ahmad) could not substantiate his claim due to conflicting evidence and failure to produce key witnesses. This ruling serves as a vital reference for future pre-emption cases, ensuring that litigants adhere strictly to the procedural requirements outlined in the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIR-UL-MULK,
GHULAM RABBANI
|
| Lawyers |
Ch. Afrasiab Khan,
Syed Ayub Bokhari
|
| Petitioners |
GHAFOOR KHAN (deceased) through LRs
|
| Respondents |
ISRAR AHMED
|
| Citations |
2011 SLD 1937,
2011 SCMR 1545
|
| Other Citations |
PLD 2007 SC 302,
PLD 2008 SC 559,
2009 SCMR 630,
2002 SCMR 235
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991),
Civil Procedure Code (V of 1908)
|
| Sections |
13,
O. VI, R. 5
|