| Case ID |
0b0acdde-f3a8-4d8a-afa6-ee7e1f0b5c95 |
| Body |
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| Case Number |
Civil Petition No.166-R of 1990 |
| Decision Date |
May 21, 1990 |
| Hearing Date |
|
| Decision |
The petitioner's appeal against the judgment dated 18-2-1990 of the Lahore High Court was dismissed. The case revolved around the sale of land by the vendors to the respondents, who were certified oustees from the Capital area. The courts below had determined that the respondents were indeed displaced persons, thereby invoking the bar of pre-emption under section 8(2) of the Punjab Pre-emption Act. The petitioner argued that the respondent was not certified as a displaced person, but this argument was rejected based on the previous court findings. The appeal lacked merit and was therefore dismissed. |
| Summary |
This case revolves around the interpretation of the Punjab Pre-emption Act and its application to the rights of oustees from the Islamabad area. The Supreme Court of Pakistan addressed the claims of pre-emption rights by the petitioners against the sale of land to respondents who were certified as displaced persons. The judgment emphasized the legal principles surrounding displacement and pre-emption rights, reinforcing that certified oustees are barred from claims of pre-emption. The ruling clarifies the extent of legal protections afforded to oustees under the Punjab Pre-emption Act. Keywords: pre-emption rights, oustees, Punjab Pre-emption Act, Supreme Court, land sale, legal principles, displacement, Islamabad. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Capital Development Authority
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
ABDUL QADEER CHAUDHRY, J
|
| Lawyers |
|
| Petitioners |
Muhammad Akbar,
Ibadi Hussain
|
| Respondents |
GULAB KHAN,
Respondent No-1,
Respondent No-2,
Respondent No-3,
Respondent No-4,
Respondent No-5
|
| Citations |
1991 SLD 1363,
1991 SCMR 1781
|
| Other Citations |
Abdullah v. Abdul Karim PLD 1968 SC 140,
Mangta v. Lah Din 1982 SCMR 283,
Fazal Elahi v. Dewan Ali 1984 SCMR 1404
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Constitution of Pakistan (1973)
|
| Sections |
8(2),
Art.185(3)
|