Haji ABDUL HAKIM and others vs ADDITIONAL DISTRICT JUDGE, PESHAWAR

This matter arises from petitions for special leave to appeal filed by pre-emptors whose constitutional petitions against the dismissal of their pre-emption suits were rejected by the High Court. The core legal question is whether pending pre-emption suits are saved by section 35(2) of the North-West Frontier Province Pre-emption Act (Act X of 1987) where the requisite demands under Muslim Law were not strictly made, and whether decrees can be passed in favour of pre-emptors without such demands in light of prior Supreme Court precedents. The Supreme Court held that no decree can be passed in favour of the pre-emptors where no decree has been passed so far and demands were not strictly made, affirming the rejection of the contention regarding section 35(2) of the Act. The key principle laid down is that pending pre-emption suits cannot result in a decree in the absence of strict compliance with the requirements of demands under Muslim Law, notwithstanding the provisions of section 35(2) of the North-West Frontier Province Pre-emption Act (Act X of 1987).