| Case ID |
41241c4c-3d0e-4974-b9f4-c0ee9dde2208 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.280 of 1992 |
| Decision Date |
Oct 05, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal challenging the High Court's dismissal of the pre-emption suit. The Court ruled that the respondent had equal rights of pre-emption as the petitioner under the new Pre-emption Law. The arguments presented by the petitioner's counsel were found to be without merit, leading to a refusal of leave to appeal. The provisions of the North West Frontier Province Pre-emption Act, 1987 clearly state that both parties must share the property equally, thus enforcing a 50% share for both the petitioner and the respondent. |
| Summary |
In the landmark case of Civil Appeal No. 280 of 1992, the Supreme Court of Pakistan addressed critical issues surrounding pre-emption rights under the North West Frontier Province Pre-emption Act, 1987. The case arose when KALA KHAN challenged the dismissal of his suit by the Peshawar High Court against AYYUB KHAN. The Supreme Court emphasized the necessity for both parties to share property equally when pre-emption rights are invoked, particularly when the sale occurred before the new law was enacted. This ruling clarifies the application of the law and ensures equitable treatment under pre-emption rights, reinforcing the legal framework established by the North West Frontier Province Pre-emption Act, 1987. The case is significant for legal practitioners and parties involved in property disputes, highlighting the importance of timely action in asserting pre-emption rights. Keywords such as 'pre-emption rights', 'North West Frontier Province', and 'property law' are crucial for understanding the implications of this case in contemporary legal practice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
WALI MUHAMMAD KHAN, J
|
| Lawyers |
|
| Petitioners |
KALA KHAN
|
| Respondents |
AYYUB KHAN
|
| Citations |
1993 SLD 599,
1993 SCMR 543
|
| Other Citations |
1492 SCMR 1886
|
| Laws Involved |
North West Frontier Province Pre-emption Act, 1987
|
| Sections |
20,
6,
7
|