| Case ID |
08d71604-b2ab-44b0-8cf2-32741d86c9ef |
| Body |
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| Case Number |
Civil Appeals Nos. 1544 and 1545 of 1990 |
| Decision Date |
Apr 04, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled on the interpretation of the Punjab Pre-emption Act and the West Pakistan Land Revenue Act regarding the right of pre-emption based on ownership of agricultural land. The Court clarified that ownership of agricultural land does not necessarily require the land to be assessed to land revenue; non-payment of land revenue does not change the character of agricultural land. The judgment emphasized that the right of pre-emption is not lost merely because the land is not assessed to land revenue. The Court reinstated the lower court's decision favoring the appellants, holding that the appellants maintained their rights as owners of the estate despite the land's revenue status. The decision highlights the legal nuances of property rights within the context of agricultural land ownership and revenue assessment. |
| Summary |
This case revolves around the interpretation of the Punjab Pre-emption Act, 1913, and the West Pakistan Land Revenue Act, 1967, specifically concerning the right of pre-emption for owners of agricultural land. The Supreme Court of Pakistan addressed the legal question of whether an owner's failure to pay land revenue affects their right to claim pre-emption. The Court concluded that agricultural land retains its character as such, irrespective of revenue assessments, and that ownership rights are not forfeited due to non-payment of land revenue. The ruling reinforced the principle that land ownership status is determined by its use as agricultural land, not merely by its revenue assessment status. This case is significant for property lawyers, real estate professionals, and individuals involved in land disputes, providing clarity on the rights of landowners in Pakistan. Keywords: Punjab Pre-emption Act, agricultural land, land revenue, property rights, Supreme Court of Pakistan, real estate law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
MUHAMMAD AFZAL LONE
|
| Lawyers |
Not available
|
| Petitioners |
GHULAM HUSSAIN ARSHAD and others
|
| Respondents |
ALLAH DITTA and others
|
| Citations |
1993 SLD 745,
1993 SCMR 1486
|
| Other Citations |
Lachhman Singh v. Natha Singh and another AIR 1930 Lah. 273,
Nadir Ali Shah v. Wali AIR 1925 Lah. 202,
Chanan Din v. Chanan Din and others AIR 1933 Lah. 213,
Jawala Singh v. Tara Singh AIR 1920 Lah. 94,
Narain Singh v. Gopal Singh AIR 1913 (13) 106 PR. 1913,
Muhammad Said v. Shah Nawaz (1921) 60 IC 580,
Salehon Muhammad and another v. Shera and others 1977 SCMR 297,
Muhammad Bashir v. Ghulam Akbar 1982 SCMR 1018,
Abdul Rashid and others v. Khurshid Ahmed and others PLD 1989 SC 373 (2),
Muhammad Ansar and others v. Ghulam Fatima and others Appeal No. 396 of 1990
|
| Laws Involved |
Punjab Pre-emption Act, 1913,
West Pakistan Land Revenue Act, (XVII of 1967)
|
| Sections |
15,
4,
3,
4,
56
|