| Case ID |
08a523c8-cf80-4140-9946-4cb495344056 |
| Body |
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| Case Number |
Regular Second Appeal No.247 of 1980 |
| Decision Date |
May 10, 1999 |
| Hearing Date |
|
| Decision |
The Lahore High Court in the Regular Second Appeal No.247 of 1980 upheld the findings of the First Appellate Court regarding the superior right of pre-emption asserted by the appellants. The court noted that the Appellate Court had thoroughly examined both oral and documentary evidence, concluding that the pedigree-table offered by the vendees did not adequately link them to a common ancestor with the vendor. It was highlighted that the vendees had first introduced this relationship through an amendment in their written statement, which was not present at the outset of the case. The court reiterated its limited powers in second appeals under Section 100 of the Civil Procedure Code, emphasizing that well-reasoned judgments by lower courts should not be interfered with unless they are contrary to law, fail to address material legal issues, or exhibit substantial procedural errors. The appeal was dismissed with costs, affirming the decision of the lower court. |
| Summary |
This case revolves around the interpretation of the Punjab Pre-emption Act (I of 1913) and its application in a dispute regarding the superior right of pre-emption over a land transaction in Mauza Hamoli, Tehsil and District Mianwali. The case highlights the legal intricacies associated with establishing relationships between parties in pre-emption claims, particularly when such relationships were not clearly articulated from the beginning. The Lahore High Court's decision emphasizes the importance of documentary evidence over oral testimony in proving ancestral connections. As the court navigated the complexities of pre-emption rights, it underscored the necessity for parties to clearly plead their claims and substantiate them with reliable evidence. The ruling serves as a critical reference for future pre-emption cases, particularly in establishing the requisite genealogical links necessary for asserting such rights, thereby influencing property law and civil procedure in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI NAWAZ CHOWHAN, J
|
| Lawyers |
Ch. Muhammad Abdus Saleem for Appellants,
S.M. Masood for Respondents
|
| Petitioners |
SARDAR ALI and others
|
| Respondents |
GUL ANAR and others
|
| Citations |
2000 SLD 2111,
2000 CLC 1976
|
| Other Citations |
AIR Pesh. 80(1),
PLD 1963 SC 191
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Civil Procedure Code (V of 1908)
|
| Sections |
15,
21,
100
|