| Case ID |
463e9d0e-d00a-4b48-a68b-6b3b9121fc28 |
| Body |
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| Case Number |
Civil Appeals Nos. 833 to 835 of 2006 and Civil Re |
| Decision Date |
Feb 14, 2017 |
| Hearing Date |
Jan 03, 2017 |
| Decision |
The Supreme Court of Pakistan ruled on the appeals concerning the right of pre-emption in relation to a sale deed executed in 1966. The Court held that the period of limitation for filing a pre-emption suit commences from the date of registration of the sale deed, not its execution. The appellants' argument that the pre-emption was time-barred was rejected as the Court recognized the plaintiffs' superior right of pre-emption. The Court emphasized that new pleas raised at the Supreme Court must have prior leave granted, and the appellants could not introduce a new ground not previously argued in lower courts. The appeals were dismissed, affirming the lower court's decision regarding the right of pre-emption. |
| Summary |
In the case of JAN MUHAMMAD & OTHERS vs. MST. SAKINA BIBI & OTHERS, the Supreme Court of Pakistan addressed crucial issues surrounding the right of pre-emption under the Punjab Pre-emption Act, 1991. This landmark decision clarifies the commencement of the limitation period for pre-emption suits, establishing that it starts from the date of registration of the sale deed, thereby impacting future legal interpretations of property rights in Pakistan. The ruling emphasizes the necessity of adhering to procedural requirements, particularly regarding the raising of new points of law at the appellate level. This case is significant for legal practitioners and property owners alike, providing clarity on pre-emption rights and the judicial process. Key terms such as 'pre-emption rights', 'limitation period', and 'Supreme Court rulings' are essential for understanding the implications of this decision in the context of Pakistani law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MAQBOOL BAQAR,
MIAN SAQIB NISAR, CHIEF JUSTICE
|
| Lawyers |
Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record
|
| Petitioners |
JAN MUHAMMAD & OTHERS
|
| Respondents |
MST. SAKINA BIBI & OTHERS
|
| Citations |
2017 SLD 1868,
2017 PLD 158
|
| Other Citations |
2005 SCMR 895,
1975 SCMR 16,
PLD 1992 SC 238,
1999 SCMR 1072,
2006 SCMR 1519,
2005 SCMR 1544
|
| Laws Involved |
Punjab Pre-emption Act, 1991,
Constitution of Pakistan, 1973,
Supreme Court Rules, 1980
|
| Sections |
5,
185(3),
O.XIX,R.5
|