| Case ID |
e00403bd-6aca-4e08-acc4-3c6bd3127e80 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 293 of 2003 |
| Decision Date |
Apr 16, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the decision of the Appellate Court, ruling that the right of pre-emption established through judicial determination is not to be defeated after a long time on technical grounds. The petitioners' claims regarding improvements made during litigation were dismissed as irrelevant since the sale transaction occurred after the expiration of the limitation period for filing a pre-emption suit. The concurrent findings of fact by the lower courts were not shown to be materially defective, and the Supreme Court declined to interfere with those decisions, ultimately dismissing the petition for special leave to appeal. |
| Summary |
In the landmark case of Civil Petition No. 293 of 2003, the Supreme Court of Pakistan addressed critical issues surrounding the right of pre-emption under the North West Frontier Province Pre emption Act (XIV of 1950). The case arose from a dispute involving Mst. Maryam Jan's attempt to exercise her pre-emption rights over a property sold through Mutation No. 1001. The Supreme Court reaffirmed that judicial determinations regarding rights of pre-emption must be respected and cannot be overturned based on technicalities after significant delays. The court highlighted that improvements made by the vendees during the litigation process do not negate the established superior right of pre-emption, emphasizing the importance of adhering to legal protocols and timelines in property transactions. This ruling serves as a vital reference for future cases involving property rights and pre-emption laws, ensuring that established legal rights are upheld in the face of prolonged litigation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. RIAZ AHMAD, C.J.,
MIAN MUHAMMAD AJMAL,
MUHAMMAD NAWAZ ABBASI, J.
|
| Lawyers |
Muhammad Ghulam Bari, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate on-Record
|
| Petitioners |
2 others,
MUHAMMAD FAREED
|
| Respondents |
another,
Mst. MARYAM JAN
|
| Citations |
2004 SLD 1133,
2004 SCMR 1150
|
| Other Citations |
Not available
|
| Laws Involved |
North West Frontier Province Pre emption Act (XIV of 1950),
Constitution of Pakistan (1973)
|
| Sections |
12,
185(3)
|