| Case ID |
0069a00e-7b0f-41f9-80c1-0eef2d5bff59 |
| Body |
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| Case Number |
Civil Petitions for Leave to Appeal Nos. 63/R and |
| Decision Date |
Dec 13, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitions for leave to appeal filed by Qazi Abdul Ali against the judgments of the Lahore High Court. The Court upheld the findings of the lower courts that the property in question was a shop, thereby negating the petitioner's right to pre-emption under Section 5 of the Punjab Pre-emption Act, 1913. The Court noted that the determination of the nature of the property was based on evidence and circumstances specific to each case. The petitioner's claims were found to lack substantive merit, and the detailed reasoning provided by the Lahore High Court was affirmed. Therefore, no interference by the Supreme Court was warranted. |
| Summary |
In this significant case, the Supreme Court of Pakistan deliberated on the issues surrounding the Punjab Pre-emption Act, particularly focusing on the nature of properties involved in pre-emption claims. The core of the dispute arose from the petitioner's assertion that the properties were incorrectly classified as shops in the sale deed, which he argued undermined his right to pre-emption. The Court emphasized that each case must be evaluated based on its unique facts and circumstances. The decision reflects the complexities of property law and the importance of accurate property classification in pre-emption cases. This ruling is vital for legal practitioners and advocates dealing with property disputes, as it underscores the necessity for precise documentation to uphold pre-emption rights. The case also illustrates the judicial approach towards the interpretation of evidence in property law, making it an essential reference for future cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S. A. NUSRAT,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Khalid Iqbal Qazi Advocate Supreme Court of Pakistan,
Ch. Akhtar Ali Advocate-on-Record
|
| Petitioners |
Qazi ABDUL ALI
|
| Respondents |
ANOTHER,
ABDUL MAJID
|
| Citations |
1983 SLD 270,
1983 SCMR 320
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act
|
| Sections |
5
|