| Case ID |
5c88b52b-5308-4aad-abf3-67f6496f3d70 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 966 |
| Decision Date |
Mar 02, 1986 |
| Hearing Date |
Mar 02, 1986 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Ali Ahmad against the judgment of the Lahore High Court. The case involved a pre-emption suit where Faiz Ahmad claimed that he had relinquished his right to pre-emption through a written document (Exh.D/1). The trial court had dismissed Faiz Ahmad's suit based on the alleged authenticity of the document, but the appellate court found it was not proved. The Supreme Court upheld the decision of the lower courts, stating that the petitioner's reliance on the relinquishment document was not substantiated effectively, leading to the dismissal of the petition. |
| Summary |
In the case of Ali Ahmad vs. Faiz Ahmad, the Supreme Court of Pakistan dealt with issues of pre-emption rights concerning land transactions under the Punjab Pre-emption Act (I of 1913) and relevant articles of the Constitution of Pakistan. The case arose from a dispute over a document (Exh.D/1) that allegedly relinquished the respondent's right of pre-emption. The trial court initially ruled in favor of the respondent based on oral evidence regarding the document's authenticity. However, the appellate court reversed this decision, leading to a revision petition to the Supreme Court. The Supreme Court ultimately dismissed the petition, affirming the lower courts' judgments and emphasizing the importance of proving the authenticity of documents in pre-emption cases. This case highlights critical aspects of property law, the significance of proper documentation in land transactions, and the judicial interpretation of pre-emption rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Wahiduddin Virk, Senior Advocate Supreme Court,
Maqbul A. Qadri, Advocate-on-Record for Petitioner,
Naveed Shahryar, Advocate Supreme Court,
Abid Nawaz, Advocate-on-Record for Respondent
|
| Petitioners |
ALI AHMAD
|
| Respondents |
FAIZ AHMAD
|
| Citations |
1986 SLD 837 = 1986 SCMR 1343
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Pre-emption Act (I of 1913)
|
| Sections |
Art. 185(3),
Ss. 4, 6, 15
|