| Case ID |
08fae966-d497-40f8-b5ce-ef63072536ad |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 22-D of 1995 |
| Decision Date |
Oct 15, 1995 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petition in limine, affirming that Mst. Zainab Khatoon had valid ownership of the property in question as she had deposited the pre-emption amount within the stipulated time. The Court held that the Revenue Authorities were obliged by law to give effect to the decree and change the entries in accordance with the provisions of the West Pakistan Land Revenue Act, 1967. The court upheld the principle that a decree-holder becomes the owner of the property upon timely payment of the decretal amount. This ruling emphasized the legal obligation of the Revenue Authorities to recognize the decree and implement the necessary changes to property records, thus reinforcing the rights of the decree-holder. |
| Summary |
This case revolves around a pre-emption dispute in which Mst. Zainab Khatoon successfully claimed ownership of a property after a decree was issued in her favor following her timely deposit of the pre-emption amount. The Lahore High Court examined the obligations of the Revenue Authorities to implement the court's decree under the West Pakistan Land Revenue Act, 1967. The court clarified that ownership is secured through the timely payment of the decretal amount and that the Revenue Authorities must act in accordance with the decree, further solidifying the legal framework surrounding property rights and pre-emption laws. This case highlights the importance of understanding pre-emption laws and the procedural requirements for executing property rights in Pakistan, making it a significant reference for future cases involving land disputes and property ownership. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RIAZ HUSSAIN, J
|
| Lawyers |
Muhammad Jahangir Arshad
|
| Petitioners |
Muhammad Ramzan,
JUMMA,
Ali Ahmad
|
| Respondents |
Mst. ZAINAB KHATOON
|
| Citations |
1996 SLD 1390,
1996 CLC 686
|
| Other Citations |
Ali Ahmad and another v. Muhammad Fazal and another PLD 1973 Lah.207,
Ali Ahmad and another v. Muhammad Fazal and another 1972 SCMR 322
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
West Pakistan Land Revenue Act (XVII of 1967),
Civil Procedure Code (V of 1908)
|
| Sections |
15,
45,
O. XXI, R. 35,
S. 115
|