Dr. ABDUL MALIK vs Raja KHURSHID ALI And Other
This matter originated as an appeal before the Supreme Court of Pakistan concerning a pre-emption claim involving a tenant. The core legal question presented was whether the requirement of 'Talab' (the formal demand for pre-emption) is applicable when a tenant seeks to pre-empt property under the provisions of Martial Law Regulation 115. During the proceedings, the parties reached a consensus to remand the case to the High Court for a comprehensive decision on the merits. Consequently, the Supreme Court allowed the appeal and remanded the matter to the High Court. The High Court was directed to adjudicate the case on its merits, specifically determining whether the performance of 'Talab' is a necessary legal prerequisite for a tenant exercising pre-emption rights under Martial Law Regulation 115.
- Is the performance of 'Talab' a necessary requirement for a tenant seeking to pre-empt property under Martial Law Regulation 115?
- Martial Law Regulation 115
ORDER
1. MIAN BURHANUDDIN KHAN, J.--The ,learned counsel for the parties have agreed to the remand of the case to High Court for decision on merits.
2. The learned counsel for the respondent had made statement that 'Talab' in the instant case was not made as it was not necessary for a tenant pre-empting under the provision of M.L.R. 115.
3. In view of this the appeal is allowed and the case is remanded to the High Court for decision on merits as well as on the question whether 'Talab' is or is not necessary under the provisions of M.L.R.