| Case ID |
d7df147a-a84d-413b-89a4-1c175c16d4dc |
| Body |
View case body. Login to View |
| Case Number |
Regular Second Appeal No.39 of 2006 |
| Decision Date |
Jun 30, 2006 |
| Hearing Date |
|
| Decision |
The appeal was dismissed on the grounds that the appellant failed to prove the performance of 'Talb-e-Ishhad' in accordance with the law. The courts found that the appellant was aware of the sale transaction while in custody, and thus the conditions for pre-emption were not met. The appellant's evidence was insufficient to establish that the necessary notices had been properly executed and delivered to all parties involved. The courts emphasized that the performance of 'Talb-e-Ishhad' was not executed within the required timeframe and lacked the necessary evidence to substantiate the claims made by the appellant. |
| Summary |
In this case, the Lahore High Court addressed a dispute related to the Punjab Pre-emption Act concerning the appellant's claim for pre-emption of land sold by his brother while he was in custody. The appellant argued that he was unaware of the sale until informed by a witness after his release. However, the court found ample evidence suggesting that the appellant was aware of the sale prior to his release, as he had been in contact with family members who were aware of the transaction. The courts ruled that the appellant did not perform the necessary legal steps to assert his pre-emptive rights, particularly regarding the issuance and delivery of the 'Talb-e-Ishhad' notice. This case illustrates the stringent requirements for pre-emption under the Punjab Pre-emption Act and highlights the importance of adhering to legal protocols when asserting such rights. Key terms include pre-emption, Talb-e-Ishhad, and notice requirements. This case serves as a critical reference for future disputes regarding land transactions and pre-emptive rights in the context of Pakistani law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUZAMMAL KHAN, J
|
| Lawyers |
Muhammad Abbas Shah for Appellant.,
Muhammad Saleem for Respondents.
|
| Petitioners |
Syed GHULAM ABUAL HASSAN SHAH
|
| Respondents |
MUHAMMAD ASHIQ and 5 others
|
| Citations |
2007 SLD 2362 = 2006 CLC 1926
|
| Other Citations |
Mst. Taj Bibi v. Syed Ahmad Shah 1989 SCMR 1001,
E.A. Evans v. Muhammad Ashraf PLD 1964 SC 536,
Abdul Qayyum v. Muhammad Rafique 2001 SCMR 1651,
Rana Muhammad Tufail v. Muneer Ahmad and another PLD 2001 SC 13,
Ameer Zada Khan and others v. Ahmad Noor and others PLD 2003 SC 410,
Fazal Subhan and 11 others v. Mst. Sahib Jamala and others PLD 2005 SC 977,
Muhammad Riaz and another v. Ghulam Nabi and another 2005 SCMR 1458,
Muhammad Siddiqui v. Muhammad Sharif and others 2005 CMR 1231,
Akbar Ali Khan and others v. Mukamil Shah and others 2005 SCMR 431,
Pervaiz and another v. Muhammad Nawaz 2006 SCMR 4,
Akhtar Nawaz v. Muhammad Zubair and others 2005 YLR 77,
Shaukat Hayat v. Liaqat Khan 2005 YLR 60,
Abdur Razzaq v. Ghulam Mustafa and another 2006 YLR 1143,
Sikandar Khan and 6 others v. Muhammad Nawaz and 2 others 2004 YLR 865,
Muhammad Aslam Shah v. Amara Ullah Khan 2006 YLR 1194,
Abdul Malik v. Muhammad Latif 1999 SCJ 302,
Khalid Hussain v. Muhammad Baqar NLR 2002 Civil 625,
Parvaiz and another v. Muhammad Nawaz 2006 SCMR 4,
Altaf Hussain Shah and another v. Abdul Qadeer and 2 others 2004 YLR 824,
Munshi Khan v. Khan Zaman and others 2003 MLD 1666,
Syed Qamar Ahmad and another v. Anjam Zafar and others 1994 SCMR 65,
Ameerzada Khan and others v. Ahmad Noor and others PLD 2003 SC 410,
Hyderabad Development Authority through M.D. Civic Centre, Hyderabad v. Abdul Majeed and others PLD 2002 SC 84
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
13(3),
77,
164
|