| Case ID |
ecedd0cf-d421-4e67-9150-d9079d442278 |
| Body |
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| Case Number |
Civil Appeal No.27 of 2001 |
| Decision Date |
Jul 09, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal, affirming the judgments and decrees of the lower courts. The court held that the documents presented by the plaintiffs were admissible in evidence, despite not being formally exhibited, as they were acknowledged by the defendant during testimony. The case emphasized the principle that facts admitted by one party do not require further proof. The court found that the plaintiffs had established their co-sharer status and thus their right of prior purchase under the applicable laws. The decision reinforced the importance of substantive rights over procedural technicalities in pre-emption cases. |
| Summary |
In the case of Muhammad Rashid Khan vs. Noor Muhammad Khan, the Supreme Court of Azad Jammu and Kashmir dealt with essential issues concerning the right of prior purchase as outlined in the Azad Jammu and Kashmir Right of Prior Purchase Act, 1993. The court examined whether the plaintiffs, claiming a right of pre-emption based on co-sharer status, had sufficiently proven their case. The key legal principles addressed included the admissibility of documents not formally exhibited but acknowledged in testimony, and the necessity of proving rights at various stages of litigation. The ruling underscored that substantial questions of fact, once admitted, do not require further proof, thereby streamlining the legal process in pre-emption disputes. This case is significant for legal practitioners involved in property and pre-emption law, as it clarifies the evidentiary standards and the treatment of procedural irregularities. The court's decision also illustrates the balance between protecting substantive rights and adhering to procedural rules, a critical consideration in civil litigation. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR SAID MUHAMMAD KHAN, C.J.,
MUHAMMAD YUNUS SURAKHVI, J.
|
| Lawyers |
Imdad Ali Mallick,
Ashfaque Hussain Kiani
|
| Petitioners |
MUHAMMAD RASHID KHAN
|
| Respondents |
2 others,
NOOR MUHAMMAD KHAN
|
| Citations |
2002 SLD 1861,
2002 CLC 749
|
| Other Citations |
Tariq Mehmood v. Muhammad Asghar 1990 CLC 1214,
Natha Khan v. Mst. Rehmat Bibi PLD 1960 Lah. 96,
Muhammad Ashraf v. Syed Ghulam Murtaza and others NLR 1992 CU 707,
Abdul Karim v. Muhammad Sughram and others Civil Appeal No.185 of 2000
|
| Laws Involved |
Azad Jammu and Kashmir Right of Prior Purchase Act, 1993,
Civil Procedure Code (V of 1908),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
14,
O.XIII, R.1,
42
|