| Case ID |
08821cff-6497-47b7-8bca-0dd63e67342a |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 530 |
| Decision Date |
Nov 12, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, affirming the Lahore High Court's decision that the petitioners could not pre-empt a part of the sale transaction without specification of price. The Court referenced previous judgments that supported the High Court's ruling, indicating that without a clear specification of price, the plea presented by the petitioners was ineffective. The dismissal reinforced the legal principles regarding pre-emption, emphasizing the necessity for precise terms in real estate transactions. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed the complexities surrounding the Punjab Pre-emption Act of 1913, focusing specifically on Section 21. The petitioners, seeking to pre-empt a portion of a sale transaction, argued that their rights were violated as the shares of various vendees were separately mentioned in the sale-deed. However, the Court upheld the Lahore High Court's ruling, which stated that without a clear specification of price, such a plea could not be entertained. The case highlights the critical importance of clear contractual terms in property transactions and reaffirms the precedent set by earlier cases, reinforcing the necessity for precision in legal claims related to pre-emption. Legal practitioners must navigate these intricate rules to effectively represent their clients in similar disputes. This decision serves as a guiding reference for future cases involving pre-emption and property law, ensuring that the principles of clarity and specificity are upheld in real estate dealings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Karam Elahee Chauhan,
Shafi-ur-Rehman
|
| Lawyers |
M. Parwaiz Akhtar,
Sh. Salah-ud-Din,
Afzal Haider,
Rana Maqbool Ahmad Kadri
|
| Petitioners |
Mushtaq
|
| Respondents |
Akhtar Hussan
|
| Citations |
1981 SLD 531,
1981 SCMR 944
|
| Other Citations |
Abdullah and 3 others v. Abdul Karim and others P L D 1968 S C 140,
Ahmad and others v. Ghulam Haider 1972 S C M R 357,
Ram Nath and others v. Badri Narain and others I L R 19 All. 148
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913)
|
| Sections |
21
|