| Case ID |
0f692e0a-8341-41c9-bb63-60f559116fee |
| Body |
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| Case Number |
C.P. No. D-686 of 1995 |
| Decision Date |
Sep 14, 2022 |
| Hearing Date |
Sep 06, 2022 |
| Decision |
The petitioners impugned the order passed by the Federal Board of Revenue Sindh, which dismissed their revision application against a prior order. The court found that the respondent, declared as a pre-emptor, had no legal standing as the right of pre-emption does not survive the death of the pre-emptor. The court emphasized that the petitioners had established ownership of the land through a registered sale deed and had been cultivating it. The court highlighted the requirement of unimpeachable evidence for tenancy claims, which the respondent failed to provide. Consequently, the petition was allowed, setting aside the erroneous decisions of the revenue hierarchy. |
| Summary |
This case revolves around the interpretation of pre-emption rights under the Land Reforms Act and Regulations in Pakistan. The Sindh High Court ruled on the validity of a pre-emption claim made by Respondent No. 1 against the petitioners, who had purchased land through a registered sale deed. The court determined that the right of pre-emption is not heritable and does not survive the death of the pre-emptor, affirming the petitioners' ownership. This case is significant in the context of land reforms and pre-emption rights in Pakistan, emphasizing the need for clear evidence in tenancy claims and the legal implications of ownership transfers. Key terms include 'land ownership', 'pre-emption rights', 'tenancy claims', and 'land reforms'. The decision reinforces the legal framework governing land transactions and the importance of adhering to statutory requirements in such disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Federal Board of Revenue Sindh,
Commissioner Hyderabad
|
| Judges |
Mahmood A. Khan,
Adnan-ul-Karim Memon
|
| Lawyers |
Mr. Parkash Kumar,
Mr. Muhammad Arshad Pathan,
Mr. Bashir Ahmed Almani,
Ms. Shamim Mughal,
Mr. Allah Bachayo Soomro
|
| Petitioners |
others,
MOULA DINO
|
| Respondents |
others,
METLOOB HUSSAIN
|
| Citations |
2023 SLD 6917,
2023 PLJ 54
|
| Other Citations |
1989 SCMR 69,
PLD 1990 SC 99,
1989 SCMR 543
|
| Laws Involved |
Land Reforms Act, 1977,
Land Reforms Regulation, 1972
|
| Sections |
29,
25(3)(d)
|