| Case ID |
3d32af81-9eab-4ed1-bfe9-0949b76c04dd |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 9-P of 1966 |
| Decision Date |
Dec 22, 1966 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal of Abdul Wahid and set aside the order of the High Court, restoring that of the District Judge. The Court concluded that the findings of fraud could not be sustained based on the evidence presented. The Court emphasized that the parties involved in the property transaction had the right to adopt lawful means to transfer title, including the creation of an encumbrance followed by a sale. The decision clarified that a fear of pre-emption does not impose a duty on parties to disclose their intentions to all potential pre-emptors. The Court also highlighted that the absence of any inquiry by the pre-emptor during a significant time period indicated acceptance of the transaction as legitimate. Thus, the suit for pre-emption was barred by time, leading to the conclusion that the case was properly decided by the lower courts. |
| Summary |
In the landmark case of Abdul Wahid vs Mst. Zamrut, the Supreme Court of Pakistan addressed the complexities surrounding pre-emption rights within property transactions. This case underscores the legal intricacies involved when pre-emption laws intersect with property rights, particularly in contexts where a fear of pre-emption influences how property is acquired. The Court ruled that individuals engaged in property transactions are not obligated to disclose their intentions to potential pre-emptors, thereby affirming the legitimacy of various methods of property acquisition that might complicate pre-emption. This judgment is pivotal for understanding the balance between pre-emption rights and property ownership, especially in regions governed by pre-emption laws. The case serves as a crucial reference point for legal practitioners and property owners navigating the intricacies of property law and pre-emption rights in Pakistan, making it a significant contribution to the evolving landscape of property rights jurisprudence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. Cornelius, C.J.,
Muhammad Yaqub Ali, J
|
| Lawyers |
Muhammad Yunus Shah, Advocate Supreme Court,
Abdul Samad Khan, Attorney for Appellant,
M. Shafi, Senior Advocate Supreme Court,
Abdul Latif, Advocate Supreme Court,
Safdar Hussain, Attorney
|
| Petitioners |
Mst. Zamrut
|
| Respondents |
Abdul Wahid
|
| Citations |
1967 SLD 31,
1967 PLD 153
|
| Other Citations |
Ali Muhammad v. Malik Sanwal P L D 1961 Pesh. 62
|
| Laws Involved |
Constitution of Pakistan (1962),
N.-W. F. P. Courts Regulation, 1931,
Contract Act (IX of 1872)
|
| Sections |
Art. 58 (3),
S. 34,
S. 17
|