| Case ID |
3d438c49-739a-46d5-a988-47338cc8cb29 |
| Body |
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| Case Number |
Civil Appeal No. 92 of 2000 |
| Decision Date |
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| Hearing Date |
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| Decision |
The Supreme Court of Pakistan allowed the appeal filed by Haji Muhammad Saleem, setting aside the judgment of the Peshawar High Court that had granted a decree to Khuda Bakhsh. The court found that the concurrent findings of fact by the trial and appellate courts regarding the non-performance of Talb-i-Muwathibat were correct and should not have been disturbed by the High Court. The court emphasized that the performance of Talb-i-Muwathibat is a critical requirement for the right of pre-emption to be activated, and failure to prove it resulted in the dismissal of the pre-emption claim. The decision underscores the importance of adhering to procedural requirements in pre-emption cases, particularly concerning the timing and manner of asserting rights. |
| Summary |
This case revolves around the principles of pre-emption under the North-West Frontier Province Pre-emption Act, 1987, and the procedural rules established by the Supreme Court of Pakistan. The core issue was whether Haji Muhammad Saleem had performed Talb-i-Muwathibat to assert his right of pre-emption against Khuda Bakhsh, who sought to pre-empt a property transaction. The Supreme Court highlighted that the performance of Talb-i-Muwathibat is not merely a technicality but an essential condition for the activation of pre-emption rights. The court further elaborated on the necessity of specifying the date and time of such performance, linking it to the limitation periods for subsequent claims. The ruling emphasized the need for clear evidence and adherence to procedural norms, reiterating that concurrent findings of fact by lower courts should not be interfered with unless there are significant legal errors or misreadings of evidence. This case serves as a pivotal reference for lawyers dealing with pre-emption law, reinforcing the requirement for strict compliance with procedural stipulations and the importance of presenting clear, corroborated evidence in support of claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
SARDAR MUHAMMAD RAZA,
FALAK SHER
|
| Lawyers |
Abdul Aziz Kundi,
Syed Zafar Abbas Naqvi,
M.A. Zaidi
|
| Petitioners |
Haji Muhammad Saleem
|
| Respondents |
Khuda Bakhsh
|
| Citations |
2003 SLD 3450,
2003 PLD 315
|
| Other Citations |
Haji Muhammad Nawaz v. Hussain Shah 1990, SCMR 1621,
Chairman, N.-W.F.P. Forest Development Corporation v. Khurshid Anwar Khan 1992 SCMR 1202,
Sardar Abdur Rauf Khan v. Land Acquisition Collector, Abbottabad 1991 SCMR 2164,
Maj. Rashid Beg v. Rehmatullah Khan PLD 2001 SC 443,
Amir Jan v. Haji Ghulam Muhammad PLD 1997 SC 883,
Said Kamal Shah's case PLD 1986 SC 360,
Altaf Hussain v. Abdul Hameed alias Abdul Majeed 2000 SCMR 314
|
| Laws Involved |
Supreme Court Rules, 1980,
Constitution of Pakistan (1973),
North-West Frontier Province Pre-emption Act (X of 1987),
Civil Procedure Code (V of 1908)
|
| Sections |
O. XII, R.2,
O. XIII, R.1,
Art. 185(3),
S.13,
S.115
|