| Case ID |
03e72571-4a8c-4cb8-98e8-cf1b1f477c5f |
| Body |
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| Case Number |
Civil Appeal No.202 of 1986 |
| Decision Date |
Dec 03, 1988 |
| Hearing Date |
Dec 03, 1988 |
| Decision |
The Supreme Court ruled that the pre-emption suit was rightly dismissed due to the pre-emptor's failure to deposit the required balance amount by the specified date. The court emphasized that the pre-emptor had unconditionally withdrawn the amount deposited and thus abandoned his right under the decree. The general attorney's actions did not amount to fraud or collusion with the vendee. Consequently, the orders of the High Court and the Board of Revenue were set aside, and the Additional Commissioner's order dismissing the suit was restored. The pre-emption decree being conditional required strict adherence to its terms, which were not met. |
| Summary |
This case revolves around a dispute related to a pre-emption suit filed under the Punjab Pre-emption Act of 1913. The appellant purchased land, which led to a pre-emption claim by the respondent. The case highlights critical aspects of property law, particularly the conditions under which pre-emption can be claimed. The court's decision underscores the importance of adhering to judicial decrees and the implications of withdrawing amounts deposited in court. This ruling serves as a precedent for future cases involving pre-emption rights and the procedural requirements necessary for their enforcement. Keywords include pre-emption, property law, judicial decree, Supreme Court of Pakistan, Punjab Pre-emption Act, and legal representation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
JAVID IQBAL,
NAIMUDDIN, J.
|
| Lawyers |
Kh. M.Farooq, Advocate Supreme Court,
Kh. Muhammad Yousaf Saraf, Advocate Supreme Court,
Khan Imtiaz Muhammad Khan, Advocate-on-Record for Appellant,
Ch. Akhtar Ali, Advocate-on-Record,
Sh. Zamir Hussain, Advocate Supreme Court for Respondents
|
| Petitioners |
SAMANDAR KHAN
|
| Respondents |
NAWAB KHAN and others
|
| Citations |
1989 SLD 740,
1989 SCMR 760,
1989 SLD 1296
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Punjab Pre-emption Act (I of 1913)
|
| Sections |
185(3),
22(5)(a)
|