| Case ID |
043c0129-3b89-407c-8122-b2dedb9c5e11 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 266 |
| Decision Date |
Jun 10, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to examine whether the High Court was in error in not intervening in the decisions made by the lower courts. The case revolves around the right of pre-emption based on ownership of the estate, which was decreed in favor of the respondent. The petitioner challenged the decision based on a precedent set by the Shariat Appellate Bench, which declared the right of an owner to pre-empt ineffective from a specified date. The court's decision allows for further examination of the legality of the previous judgments regarding this matter. |
| Summary |
In the landmark case of Civil Petition for Special Leave to Appeal No. 266 of 1987, the Supreme Court of Pakistan addressed critical issues surrounding the right of pre-emption under the Punjab Pre-emption Act (I of 1913) and the Constitution of Pakistan (1973). The case emerged from a dispute over ownership rights in an agricultural land sale, where the respondent claimed pre-emption based on his ownership of the estate. The trial court ruled in favor of the respondent, a decision upheld by the District Judge and the Lahore High Court. The petitioner, ABDUL HAMID, contested these decisions, citing a precedent from the Shariat Appellate Bench that questioned the effectiveness of ownership rights in pre-emption cases. This case highlights the complexities of property rights, legal interpretations of ownership, and the interplay between various laws in Pakistan. The Supreme Court's decision to grant leave for appeal underscores its commitment to ensuring justice and clarity in property law, making it a significant reference point for future legal proceedings regarding pre-emption rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
SAAD SAOOD JAN,
ABDUL HAMID
|
| Lawyers |
Ch. Muhammad Yaqub Sindhu, Advocate Supreme Court,
Mr. Iqbal Ahmad Qureshi, Advocate-on-Record
|
| Petitioners |
ABDUL HAMID
|
| Respondents |
MUHAMMAD ALI
|
| Citations |
1987 SLD 540,
1987 SCMR 1467
|
| Other Citations |
P.L.D. 1986 SC 360
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Pre-emption Act (I of 1913)
|
| Sections |
Art. 185(3),
S. 15(e) thirdly
|