| Case ID |
465342d2-1fdb-4edd-837a-0f9a41150935 |
| Body |
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| Case Number |
Civil Petitions Nos.1753 and 1754 of 2004 |
| Decision Date |
Dec 01, 2005 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan converted the petitions into appeals, set aside the judgments and decrees passed by the Lahore High Court and the Appellate Court, and dismissed the two suits filed by Mst. Zainab Bibi. The court held that the petitioner, Muhammad Akram, failed to establish the making of the requisite 'Talbs' in the prescribed manner as mandated by Section 13 of the Punjab Pre-emption Act (IX of 1991). The Supreme Court emphasized the strict adherence to legal procedures for the enforcement of pre-emption rights, rejecting any leniency based on the petitioner's illiteracy or rural background. Consequently, the appeals were allowed, the lower court judgments were set aside, and the respondent's suits were dismissed, reinforcing the importance of procedural compliance in pre-emption cases. |
| Summary |
In the landmark case of Civil Petitions Nos.1753 and 1754 of 2004, the Supreme Court of Pakistan delivered a pivotal judgment on December 1, 2005, reinforcing the stringent requirements set forth by the Punjab Pre-emption Act (IX of 1991), specifically Section 13. Petitioners Muhammad Akram sought to challenge the dismissal of their suits by the Lahore High Court and the Appellate Court, which had previously ruled in favor of Mst. Zainab Bibi. The core issue revolved around the proper execution of 'Talbs,' or pre-emption demands, as stipulated by law. The Supreme Court meticulously examined whether the petitioner had adhered to the procedural mandates, including the timely and correct filing of Talb-i-Muwathibat and Talb-i-Ishhad. The respondents argued that the petitioner failed to disclose the exact date of knowledge regarding the sale transactions, thereby undermining the validity of the Talbs. However, the Supreme Court held that the petitioner had not established the requisite demands in the prescribed manner, emphasizing that the law does not provide courts with the authority to condone procedural deficiencies or delays. The judgment underscores the non-negotiable nature of procedural compliance in legal proceedings, especially in cases involving pre-emption rights. By setting aside the lower courts' decisions and dismissing the respondent's suits, the Supreme Court reinforced the importance of strict adherence to legal protocols, ensuring that the integrity of the Punjab Pre-emption Act is maintained. This case serves as a crucial precedent for future litigations involving pre-emption and procedural law in Pakistan, highlighting the judiciary's role in upholding statutory mandates without exception. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Rawalpindi Bench
|
| Judges |
Sardar Muhammad Raza Khan,
Khalil-ur-Rehman Ramday
|
| Lawyers |
Malik Qamar Afzal,
Ch. Muhammad Akram,
Syed Rafaqat Hussain Shah
|
| Petitioners |
Muhammad Akram
|
| Respondents |
Mst. Zainab Bibi
|
| Citations |
2007 SLD 1565,
2007 SCMR 1086
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991)
|
| Sections |
Section 13
|