| Case ID |
e2a974f8-ff63-4bed-84a0-7b9264e7896d |
| Body |
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| Case Number |
C.R. No. 123-A of 2013 |
| Decision Date |
Mar 21, 2014 |
| Hearing Date |
Mar 21, 2014 |
| Decision |
The revision petition filed by Saadullah Khan was dismissed as he failed to prove the requirement of Talb-i-Muwathibat. Both the trial court and the appellate court found that the petitioner did not make an immediate demand in the same meeting upon learning of the sale of the property, which is a critical requirement under the Khyber Pakhtunkhwa Pre-emption Act. The courts concluded that the delay in asserting the right of pre-emption extinguished his claim, as per established legal principles. No errors in evidence appreciation or jurisdictional errors were pointed out by the petitioner. Thus, the courts' decisions were upheld, and the revision was dismissed without any order as to costs. |
| Summary |
This case revolves around the interpretation and application of the Khyber Pakhtunkhwa Pre-emption Act, particularly Section 13, which emphasizes the necessity for immediate action by a pre-emptor upon learning of a sale. The petitioner, Saadullah Khan, claimed a right of pre-emption over a property sold to Sabir Khan but failed to demonstrate that he acted promptly as required by law. The case highlights the critical importance of timely notification and actions in pre-emption claims, reinforcing that any delay can lead to the extinguishment of such rights. The decision underscores the legal principle that pre-emption rights must be exercised immediately, and the courts are strict in their adherence to these procedural requirements. The case provides valuable insights for legal practitioners regarding the nuances of property law and pre-emption rights, making it a significant reference point for future cases in similar contexts. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. IRSHAD QAISER, J
|
| Lawyers |
Hashmat Shaiq for Petitioner,
Malik Rab Nawaz and Javed Habib for Respondent
|
| Petitioners |
Saadullah Khan
|
| Respondents |
Sabir Khan
|
| Citations |
2015 SLD 2246,
2015 MLD 1228
|
| Other Citations |
1997 MLD 2945,
2000 CLC 1127,
1996 CLC 902,
2000 CLC 1853,
2011 MLD 974,
2000 CLC 1067,
PLD 2007 SC 302
|
| Laws Involved |
Khyber Pakhtunkhwa Pre-emption Act
|
| Sections |
13
|