Muhammad Ishaq vs Muhammad Younas and another
This petition for leave to appeal arises from a civil dispute concerning the right of pre-emption, wherein the petitioner challenged a judgment of the Lahore High Court that upheld the concurrent findings of the trial court and the appellate court. The core legal question presented for determination was whether the petitioner had performed the necessary Talabs in strict compliance with the statutory requirements mandated by the Punjab Pre-emption Act, 1991. Upon review, the Supreme Court found that the petitioner failed to satisfy the essential legal prerequisites regarding the performance of Talabs. Consequently, the Court affirmed the concurrent findings of the lower courts, which had already determined that the requirements of the law were not met. The petition was dismissed and leave to appeal was refused. The judgment reinforces the principle that the right of pre-emption is a strict statutory right, and failure to adhere precisely to the procedural requirements, specifically the performance of Talabs as prescribed by the governing legislation, results in the failure of the pre-emption claim.
- Whether the performance of Talabs in a pre-emption suit must strictly adhere to the requirements of Section 13 of the Punjab Pre-emption Act, 1991?
- Can a pre-emption claim succeed if the statutory requirements for Talabs are not met?
- Section 13, Punjab Pre-emption Act, 1991
ORDER
TANVIR AHMED KHAN, J.-- Leave to appeal is sought against the judgment dated 26.10.2000 whereby a learned Single Judge of the Lahore High Court, Lahore, dismissed the civil revision filed by the petitioner and maintained the determinations of the two Courts below i.e. The learned Civil Judge, Lahore, and the learned Additional District Judge, Lahore.
2. We need not give the facts of this case as the same have been elaborately narrated in the impugned judgments.
3. The only point requiring determination in this case is, whether the petitioner made Talabs in accordance with the dictates of Section 13 of the Punjab Pre-emption Act, 1991. The answer is certainly in the negative. The two Courts below have determined this fact which has been maintained by a learned Single Judge of the Lahore High Court by advancing reasons. The instant petition is, accordingly, dismissed and leave refused.
Accordingly.