| Case ID |
edadf4e5-d136-418b-9aa3-27f19598313b |
| Body |
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| Case Number |
Civil Petition No. 105-P of 1992 |
| Decision Date |
Feb 09, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan decided that the plaintiff's suit for pre-emption was decreed in 1987, which was beyond the target date of 31st July 1986. The Court found that since this fact was noticed subsequently, the decree was set aside. The High Court upheld the plea that the decree was not passed before the target date and that Talabs had not been established. The case was covered by the Supreme Court's decision in Rozi Khan's Case (1992 SCMR 445). The learned counsel for the petitioner argued that the judgment was without jurisdiction, as the case should have been referred to the Collector due to the involvement of the right of pre-emption based on tenancy. However, the Supreme Court maintained that there was no decree prior to the target date in favor of the petitioner nor were Talabs established, thereby affirming the correctness of the High Court's decision. Leave to appeal was refused. |
| Summary |
In the landmark case of Civil Petition No. 105-P of 1992, the Supreme Court of Pakistan addressed significant issues regarding the North-West Frontier Province Pre-emption Act and its application concerning target dates for decrees. The case arose when the plaintiff's pre-emption suit was decreed long after the legally mandated target date. The Supreme Court's ruling emphasized the importance of adherence to statutory deadlines and the established principles of law regarding pre-emption rights. The Court referenced the precedent set in Rozi Khan's Case, reinforcing the necessity for timely action in legal proceedings. The decision underscored the judiciary's commitment to upholding the rule of law and ensuring that legal processes are respected and followed. This case serves as a critical reference point for future legal interpretations of pre-emption rights in Pakistan, illustrating the balance between procedural adherence and substantive justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
SAJJAD ALI SHAH, J
|
| Lawyers |
|
| Petitioners |
FATEHUR REHMAN
|
| Respondents |
5 others,
UMARA KHAN
|
| Citations |
1994 SLD 747,
1994 SCMR 1131
|
| Other Citations |
1992 SCMR 445
|
| Laws Involved |
North-West Frontier Province Pre-emption Act (X of 1987),
Constitution of Pakistan (1973)
|
| Sections |
12,
185 (3)
|