| Case ID |
0900d7e9-5825-406e-88e0-fea10a94f3e7 |
| Body |
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| Case Number |
Civil Appeal No. 318 of 1992 |
| Decision Date |
Oct 21, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal against the Lahore High Court's judgment which had reversed a trial court's decision in a pre-emption suit. The court ruled that the intention of the parties was such that the sale would be complete only upon registration of the sale deed. Therefore, the possession obtained prior to registration did not constitute possession under the sale, and the suit was deemed within the limitation period as it was filed within one year of the registration. The doctrine of sinker was applied, and the court upheld the trial court's finding that the respondent had a superior right of pre-emption as a co-sharer in the property. |
| Summary |
In the landmark case of Civil Appeal No. 318 of 1992, the Supreme Court of Pakistan examined the nuances of pre-emption rights under the Punjab Pre-emption Act. The case revolved around the sale of land where the respondent, Mst. Nisar Fatima, claimed a superior right of pre-emption against the vendees. The court analyzed the intent of the parties regarding the completion of sale upon registration, ruling that possession obtained prior to the sale deed registration did not confer a legal basis for pre-emption. This decision underscores the importance of statutory compliance and the necessity of registration in real estate transactions, especially in pre-emption cases. The ruling clarifies the application of the doctrine of sinker and reinforces the legal framework surrounding pre-emption rights, making it a significant reference point for future cases in Pakistan. Keywords such as 'pre-emption rights', 'Punjab Pre-emption Act', and 'real estate law' are essential for legal research and understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
SALEEM AKHTAR,
FAZAL ELAHI KHAN
|
| Lawyers |
M. Bilal, Senior Advocate,
Muhammad Munir Paracha,
Ch. Akhtar.Ali, Advocate-on-Record,
Kh. M. Farooq, Advocate,
Ijaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
5 others,
MUHAMMAD INAYAT
|
| Respondents |
Mst. NISAR FATIMA
|
| Citations |
1994 SLD 355,
1994 PLD 120
|
| Other Citations |
Muhammad Masood Khan Bhatti v. Mst. Ghulam Fatima 1987 SCMR 1206,
1980 CLC 1817,
Abdullah and 3 others v. Abdul Karim and others PLD 1968 SC 140,
Barkhurdar v. Muhammad Razzaq PLD 1989 SC 749
|
| Laws Involved |
Punjab Pre-emption Act
|
| Sections |
30
|