| Case ID |
136a7c9b-de15-413c-a92a-a41c7f633680 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petitions for Special Leave to Appeal Nos. 6 |
| Decision Date |
Feb 02, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petitions for special leave to appeal, finding no merit in the arguments presented by the petitioners. The court upheld the High Court's decision that the land in dispute was classified as urban immovable property rather than agricultural land. This classification was based on the evidence presented, which included the location of the property within the municipal limits of Multan City and its proximity to developed areas. The court found that the High Court's findings were supported by the facts of the case and did not involve any legal errors. |
| Summary |
In the case of Elahi Bakhsh and others vs. Allah Bakhsh and others, the Supreme Court of Pakistan addressed the issue of land classification in relation to pre-emption rights under the Constitution of Pakistan. The petitioners claimed that the land in question was agricultural and sought to pre-empt its sale. However, the High Court determined that the land was urban immovable property, a decision that was upheld by the Supreme Court. The ruling emphasized the importance of factual evidence in determining land classification and clarified that such decisions are not easily challenged under Article 185(3) of the Constitution. This case highlights the legal nuances involved in property law and the rights of parties in real estate transactions, making it a significant reference for future cases involving land classification and pre-emption rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
NASIM HASAN SHAH
|
| Lawyers |
Sh. Masud Akhtar, Advocate-on-Record for Petitioners,
Syed Jamil Hussain Rizvi, Senior Advocate Supreme Court of Pakistan for Respondent No. 1,
S. Ali Imam Naqvi, Advocate-on-Record for Respondent No. 1
|
| Petitioners |
others,
ELAHI BAKHSH
|
| Respondents |
others,
ALLAH BAKHSH
|
| Citations |
1981 SLD 404,
1981 SCMR 723
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution Of Pakistan (1973)
|
| Sections |
Art. 185(3)
|