| Case ID |
41da9620-1e81-4e5d-aba0-9c4b82ad79c7 |
| Body |
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| Case Number |
Civil Petition No.752 of 2004 |
| Decision Date |
Feb 24, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court declined to interfere with the remand order of the High Court, which had set aside the concurrent findings of fact by the lower courts regarding the performance of Talb-i-Ishhad. The Court held that the pre-emptor had successfully established the performance of Talb-i-Ishhad by sending the required notice through registered post. The decision emphasized that the pre-emptor is not obliged to ensure that the notice reaches the addressee, as long as it is sent appropriately. The ruling highlighted the principles of revisional jurisdiction, stating that it is meant to correct legal errors, including jurisdictional ones, and that minor discrepancies in witness testimony do not invalidate their statements, particularly after a considerable time delay in recording them. |
| Summary |
In the landmark case of Civil Petition No.752 of 2004, the Supreme Court of Pakistan addressed critical issues surrounding the exercise of pre-emption rights under the Punjab Pre-emption Act, 1991. The case involved a dispute between Hayat Muhammad and others, the petitioners, and Mazhar Hussain, the respondent, over a piece of land. The main contention revolved around the performance of Talb-i-Ishhad, a prerequisite for asserting a right of pre-emption. The Supreme Court upheld the High Court's decision to remand the case back to the trial court, emphasizing the importance of sending notice through registered post. The Court clarified that the pre-emptor's obligation does not extend to ensuring receipt of the notice, reinforcing the legal presumption that properly addressed mail is deemed delivered. This case serves as a significant reference for lawyers and advocates dealing with pre-emption cases, highlighting the procedural nuances and evidential standards required in such matters. The ruling also reaffirms the Court's role in correcting legal misinterpretations by lower courts, ensuring adherence to established legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Hamid Ali Mirza,
Karamat Nazir Bhandari
|
| Lawyers |
Ch. Afrasiab Khan, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Gulzarin Kiani, Advocate Supreme Court
|
| Petitioners |
Hayat Muhammad and others
|
| Respondents |
Mazhar Hussain
|
| Citations |
2006 SLD 2702,
2006 SCMR 1410
|
| Other Citations |
Abdul Qayum through Legal Heirs v. Mushk-e-Alam and another 2001 SCMR 798,
Allah Dad and 3 others v. Dhuman Khan and 10 others 2005 SCMR 564,
Muhammad Nawaz and others v. Muhammad Khan and others 2005 SCMR 710,
Haji Noor Muhammad v. Abdul Ghani and 2 others 2000 SCMR 329,
Khuda Bakhsh v. Muhammad Yaqoob and others 1981 SCMR 179
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Punjab Pre-emption Act (IX of 1991),
Constitution of Pakistan (1973)
|
| Sections |
115,
13(3),
13,
185(3)
|