| Case ID |
7501ba3a-8ba7-4ae8-bbfc-e01adb249d51 |
| Body |
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| Case Number |
Civil Appeal No. 1416 of 1997 |
| Decision Date |
Mar 03, 1999 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the Lahore High Court, which had reversed the concurrent findings of the lower courts regarding the pre-emption suit filed by the respondent. The court concluded that the High Court acted within its jurisdiction, as the findings of the lower courts were based on misreading of evidence and that the respondent had a superior right of pre-emption over the suit property. The court emphasized the importance of adhering to procedural fairness and the necessity for the lower courts to substantiate their findings with adequate evidence. The final decision dismissed the appeal with no order as to costs. |
| Summary |
The case centers around a civil appeal concerning the right of pre-emption under the Punjab Pre-emption Act, 1913. The respondent, Sabir Ali, filed a suit against the appellants for pre-empting the sale of land. The trial court initially ruled in favor of the respondent, but this decision was overturned by the appellate court, leading to a revision petition in the Lahore High Court. The Supreme Court ultimately found that the High Court had correctly identified errors in the lower courts' findings regarding the 'benami' nature of the suit and the plaintiff's superior right to pre-emption. This case highlights significant legal principles regarding the withdrawal of suits and the standards for revisional jurisdiction, ensuring that procedural justice is upheld in civil matters. The keywords trending in this context include 'pre-emption rights', 'Civil Procedure Code', 'judicial review', and 'legal representation'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
SH. IJAZ NISAR,
MAMOON KAZI
|
| Lawyers |
Gul Zarin Kiyani,
Sardar Muhammad Ghazi,
Tanvir Ahmad Khan,
Khawaja Muhammad Farooq,
Hafiz S.A. Rehman,
M.A. Zaidi
|
| Petitioners |
MUHAMMAD IQBAL,
MUHAMMAD MANSHA,
MUHAMMAD INSHA,
MST. SABIRAN
|
| Respondents |
SABIR ALI
|
| Citations |
1999 SLD 401,
1999 SCMR 1782
|
| Other Citations |
Hriday Nath Roy v. Ramchanra Barna Sarma AIR 1921 Cal. 34,
Mst. Fatima v. Mst. Sardaran PLD 1956 (W.- P.) Lah. 474,
Ahmad Bakhsh v. Allah Bakhsh PLD 1962 (W,P.) Lah. 476,
N.S. Venkatagiri Ayyangar v. The Hindu Religious Endowments Board, Madras AIR 1949 PC 156,
Joy Chand Lal Babu v. Kamataksha Chaudhury AIR 1949 PC 239,
Mst. Shumal Begum v. Gulzar Begum 1994 SCMR 818,
Haji Muhammad Din v, Malik Muhammad Abdullah PLD 1984 SC 291,
Umar Dad Khan v. Tilla Muhammad Khan PLD 1970 SC 288,
Muhammad Bakhsh v. Muhammad Ali 1984 SCMR 504,
Muhammad Zaman v. Zafar Ali Khan PLD 1986 SC 89
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Punjab Pre-emption Act (I of 1913)
|
| Sections |
O-XXIII, R. 1,
Ss. 15 & 21
|