| Case ID |
47d31ae9-adef-4223-a0ac-a897b3fd0503 |
| Body |
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| Case Number |
Civil Petition No.2308-L of 2012 |
| Decision Date |
Mar 07, 2013 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the suit for pre-emption was dismissed due to material discrepancies in witness statements. The Supreme Court found that the testimony regarding the location of the pre-emptor at the time of receiving information about the sale was inconsistent, undermining the credibility of the claim. Additionally, the failure to examine the postman regarding the notice of Talb-i-Ishhad placed the onus of proof on the pre-emptor, which was not fulfilled. Thus, the court upheld the trial court's decision, dismissing the respondent's suit. |
| Summary |
In this landmark ruling by the Supreme Court of Pakistan, the case centers around the application of the Punjab Pre-emption Act (IX of 1991) concerning a suit for pre-emption. The primary issue was the validity of claims made by the pre-emptor, Allah Ditta, against the respondent, Muhammad Anar, regarding the sale of a 5 marla land plot. The Supreme Court scrutinized the evidence presented, particularly focusing on the discrepancies in witness testimonies regarding the pre-emptor's knowledge of the sale. The court emphasized the importance of consistent and credible evidence in such cases, ultimately leading to the dismissal of the suit. This case highlights significant aspects of pre-emption law and the necessity for thorough evidence, including the critical role of witnesses and notification procedures. It serves as an essential reference for future cases involving pre-emption rights, providing clarity on the burden of proof and the evidentiary standards required. Keywords such as 'Punjab Pre-emption Act', 'Supreme Court of Pakistan', and 'material discrepancies' are pivotal for understanding the nuances of this legal framework. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR,
MUHAMMAD ATHER SAEED
|
| Lawyers |
Munawar Iqbal Gondal, Advocate Supreme Court for Petitioners,
M. Saleem Akhtar, Advocate Supreme Court,
Imtiaz A. Shaukat, Advocate-on-Record for Respondent
|
| Petitioners |
ALLAH DITTA through L.Rs. and others
|
| Respondents |
MUHAMMAD ANAR
|
| Citations |
2013 SLD 1593,
2013 SCMR 866
|
| Other Citations |
Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991)
|
| Sections |
13
|