Nawabzada MUHAMMAD FATEH KHAN vs MUMTAZ AHMAD Ss — 2025 SCMR 912 SUPREME-COURT

Case information

Citation: 2025 SCMR 912 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: Nawabzada MUHAMMAD FATEH KHAN vs MUMTAZ AHMAD Ss
Subject matter: Criminal
Provisions referred to: Khyber Pakhtunkhwa Pre-emption Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Nawabzada MUHAMMAD FATEH KHAN VS MUMTAZ AHMAD Ss. 13 & 31(d)---Suit for possession through pre-emption---Limitation---Registered sale deed---Petitioners/pre-emptors filed suit for pre-emption when mutation was attested after registration of sale deed---Trial Court decreed the suit but Lower Appellate Court and High Court concurrently dismissed the suit---Validity---Subsequent attestation of mutation did not give rise to a fresh cause of action in favour of petitioners/pre-emptors---Sale in question was completed but petitioners/pre-emptors failed to file their pre-emption suit under section 31(d) of Khyber Pakhtunkhwa Pre-emption Act, 1987---Suit of petitioners/plaintiffs was rightly dismissed by two Courts below as it was barred by limitation---Petitioners/pre-emptors had knowledge of sale much prior to alleged date of knowledge as shown in suit---Such blunder was a stumbling block in the way of petitioners/pre-emptors to exercise their right of pre-emption---Supreme Court declined to interfere in judgments and decrees passed by High Court and Lower Appellate Court, as petitioners/pre-emptors failed to establish their first jumping demand of Talb-i-Muwathibat and such deficiency alone was sufficient to disentitle them from exercise of their right of pre-emption---Petition for leave to appeal was dismissed and leave to appeal was refused.

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