| Case ID |
0909adf7-29fe-47a3-abcd-00399f168c4b |
| Body |
View case body. Login to View |
| Case Number |
R.SA. No. 192 of 1986 |
| Decision Date |
Feb 27, 1991 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the appeal concerning the pre-emption of a house in Mohallah Qasaban, Chiniot. The court upheld the lower courts' findings that the custom of pre-emption existed in the locality. The petitioners' arguments regarding the division of Chiniot City into sub-divisions were found to be unsubstantiated. The court emphasized that the burden of proof lay with the petitioners to demonstrate that pre-emption did not apply in the specific Mohallah. The court also affirmed that the disputed property was a residential house, and its prior usage for business did not alter its character. As such, the respondent was entitled to pre-empt the property and the appeal was dismissed, with costs to be borne by the parties involved. |
| Summary |
The case of R.SA. No. 192 of 1986 before the Lahore High Court revolves around the Punjab Pre-emption Act of 1913, specifically section 7, which concerns pre-emption rights in urban properties. The case highlights the significance of established local customs regarding pre-emption, particularly in the context of Chiniot City. The court found that the custom of pre-emption was well-documented and prevailed in the area where the disputed property was located. The petitioners challenged this by arguing that the house was situated in a specific Mohallah, suggesting that it was an independent sub-division where the custom did not apply. However, the court ruled that mere claims lacked evidence, and the petitioners failed to substantiate their arguments. This case serves as a critical reference point for understanding pre-emption laws and customs in Pakistan, especially the importance of proving the existence of local customs in property disputes. Keywords: Punjab Pre-emption Act, pre-emption rights, urban properties, Chiniot City, legal precedents. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN NAZIR AKHTAR, J
|
| Lawyers |
Ch. Mushtaq Ahmad Khan,
Malik Yousaf Farooq,
Malik Amjad Pervaiz,
Sh. Naveed Shahryar
|
| Petitioners |
ALLAH DAD and others
|
| Respondents |
ELAHI BAKHSH
|
| Citations |
1992 SLD 977,
1992 CLC 1723
|
| Other Citations |
68 Punjab Record 1890,
PLD 1977 Lah. 394,
1987 CLC 2156,
PLD 1987 Lah. 205,
Karim Ahmad v. Rehmat Elahi and others AIR 1946 Lah. 432,
Lal Chand's case AIR 1947 Lah. 265,
Hakim Rai's case AIR 1930 Lah. 528
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913)
|
| Sections |
7
|