| Case ID |
0060bca4-7f0c-434b-aea1-7908e61b0eb7 |
| Body |
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| Case Number |
C.F.A. No. 3 of 2015 |
| Decision Date |
Jul 02, 2018 |
| Hearing Date |
Jun 25, 2018 |
| Decision |
The appeal was dismissed, upholding the trial court's decision which stated that Shia Muslim personal law does not recognize the right of pre-emption on the grounds of vicinage or participation in the appendages. The court found that the appellant/plaintiff did not have a valid claim to pre-emption since he was not a co-sharer in the disputed property and had no blood relation with the respondent/defendant. The case was remanded back to the trial court for further proceedings, but ultimately, the trial court's dismissal of the suit was confirmed. |
| Summary |
This case revolves around a pre-emption suit filed by the appellant/plaintiff under the Gilgit Sub-Division Right of Prior Purchase Regularization 1938 against the respondents/defendants. The core issue was whether the appellant had the right to pre-empt the sale of land based on the Shia law principles. The trial court dismissed the suit based on the interpretation of Section 249(2) of the Mohammadan law, which does not recognize pre-emption rights on the grounds of vicinage among Shia Muslims. The appeal was heard by a panel of judges who upheld the trial court's decision, emphasizing the legal standards set forth in the relevant laws. The ruling highlighted the significance of understanding local laws and personal law distinctions in property disputes, particularly in Shia jurisprudence. The case serves as a reference point for future pre-emption suits and the application of Shia law in property rights, making it a noteworthy addition to legal precedents in this jurisdiction. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
Malik Haq Nawaz,
Ali Baig,
Muhammad Ali
|
| Lawyers |
Kamal Hussain,
Naseem Akhatar Mian
|
| Petitioners |
Muhammad Ali
|
| Respondents |
Others,
Muhammad Yaqoob
|
| Citations |
2018 SLD 2499,
2018 YLR 2552
|
| Other Citations |
Muhammad Ramzan and others v. Mst. Hawa,
Hussain and others v. Syed Muhammad Ali Shah
|
| Laws Involved |
Gilgit Sub-Division Right of Prior Purchase Regularization 1938,
Mohammadan Law
|
| Sections |
249
|