Case ID |
d7a3de06-6e45-46b9-9e37-7463b1084419 |
Body |
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Case Number |
Civil Revision No.478 of 1998 |
Decision Date |
May 13, 2003 |
Hearing Date |
May 13, 2003 |
Decision |
The Peshawar High Court accepted the revision petition filed by the petitioner, Sher, and restored the judgment and decree of the trial court dated 24-07-1996. The suit had been dismissed by the trial court on the grounds that the respondent, Babu, failed to provide adequate proof of Talbs, specifically the date, time, and place of Talb-e-Muwathibat. The court noted that the respondent also failed to examine a second witness for Talb-e-Ishhad, which was critical to the case. Additionally, the court ruled that the suit was barred by time as it was filed beyond the limitation period prescribed by the law. The appellate court's decision to set aside the trial court's judgment was found to be unjustified, leading to the restoration of the trial court's ruling. |
Summary |
In the case of Civil Revision No.478 of 1998, the Peshawar High Court dealt with a dispute regarding the pre-emption of land under the North-West Frontier Province Pre-emption Act. The petitioner, Sher, contested the appellate court's decision that favored the respondent, Babu. The trial court had dismissed Babu's suit due to insufficient evidence regarding the Talbs required for pre-emption, specifically the failure to mention critical details in the plaint. The court emphasized the importance of adhering to legal requirements for pre-emption claims and the necessity of proper witness examination. This case highlights the procedural rigor necessary in pre-emption suits and sets a precedent for future cases involving similar legal standards. The ruling reinforced the principle that failure to comply with statutory requirements can lead to dismissal, thereby upholding the integrity of property rights and the legal framework governing pre-emption. Keywords: pre-emption, legal standards, property rights, North-West Frontier Province, Peshawar High Court. |
Court |
Peshawar High Court
|
Entities Involved |
Not available
|
Judges |
Talaat Qayyum Qureshi, J
|
Lawyers |
Muhammad Waris Khan,
Abdul Latif Afridi
|
Petitioners |
Sher
|
Respondents |
Babu
|
Citations |
2003 SLD 2700,
2003 CLC 1439
|
Other Citations |
Haji Muhammad Saleem v. Khuda Bakhsh PLD 2003 SC 315,
Mst. Umatul Latif v. Mst. Zaitoon Bibi 2001 MLD 335,
Maulana Noorul Haq v. Ibrahim Khalil 2000 SCMR 1305
|
Laws Involved |
North-West Frontier Province Pre-emption Act
|
Sections |
6,
13,
32
|