| Case ID |
00b4e168-bf7c-45b0-b8fd-420f9b3d9520 |
| Body |
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| Case Number |
Regular Second Appeals Nos. 910 and 1036 of 1978 |
| Decision Date |
Jun 07, 2000 |
| Hearing Date |
Jun 07, 2000 |
| Decision |
The Lahore High Court allowed Regular Second Appeal No. 910 of 1978 and set aside the judgment and decree of the learned Additional District Judge dated 27-9-1978, restoring the decree of the trial court dated 17-1-1977. The court concluded that the plaintiff had a superior right of pre-emption based on ownership and kinship to the vendor, and the previous ruling that the case should be transferred to the Collector due to claims of tenancy was invalid as the plaintiff had abandoned that plea during the trial. Regular Second Appeal No. 1036 of 1978 filed by the vendees was dismissed. The parties were instructed to bear their own costs. |
| Summary |
This case revolves around the application of the Punjab Pre-emption Act, 1913, particularly regarding the rights of pre-emption in the context of real estate transactions. The plaintiff, Ashfaq Ahmad, claimed a superior right of pre-emption based on his status as an owner in the estate and his relationship to the vendor. The trial court initially ruled in his favor, but the appellate court later dismissed the suit, arguing that it should have been transferred to the Collector due to claims of tenancy. However, upon review, the Lahore High Court found that the plaintiff had effectively abandoned the tenancy claim and reaffirmed his superior rights. This case highlights the complexities of property law and the nuances of pre-emption rights, making it a significant reference point for future cases involving similar issues. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Athar Rehman Khan,
Kh. Muhammad Akram
|
| Petitioners |
ASHFAQ AHMAD
|
| Respondents |
2 others,
GHULAM HUSSAIN
|
| Citations |
2001 SLD 686,
2001 CLC 1751
|
| Other Citations |
PLD 1987 Lah. 268
|
| Laws Involved |
Punjab Pre-emption Act, 1913
|
| Sections |
4,
15,
21
|