| Case ID |
14f7bf56-7fec-4b21-b21f-04b720a6d0b7 |
| Body |
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| Case Number |
Civil Petition No. 754 of 1985 |
| Decision Date |
Nov 03, 1986 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the Lahore High Court, which had previously ruled in favor of the respondents, Sher Muhammad and others, regarding their superior right of pre-emption over the land sold to the petitioners, Khushi Muhammad and others. The court found that the respondents, as legal heirs of the vendors, had a valid claim for pre-emption, and the petitioners' argument that the sale price was inflated was not sufficient to overturn the previous decision. Thus, the appeal was dismissed, and the decree of the lower court was maintained. |
| Summary |
In the landmark case of Khushi Muhammad v. Sher Muhammad, the Supreme Court of Pakistan addressed critical issues surrounding pre-emption rights under the Punjab Pre-emption Act of 1913 and its compatibility with Islamic injunctions. The case involved a dispute over a land sale in Bahawalpur, where the petitioners claimed the sale was pre-empted by the respondents, who asserted their superior right as legal heirs of the vendor. The court meticulously examined the relevant sections of the Punjab Pre-emption Act, especially sections 15(a) and (b), which delineate the rights of successors to vendors. The judgment emphasized the importance of upholding legal frameworks while considering their alignment with Islamic principles. The ruling reinforced the precedence of legal heirs' rights in property transactions and clarified the standards for proving inflated sale prices in pre-emption cases. This case serves as a pivotal reference for future litigations concerning pre-emption and property rights in Pakistan, providing clear guidelines for legal practitioners and parties involved in similar disputes. Keywords such as 'pre-emption rights', 'Islamic injunctions', 'Punjab Pre-emption Act', and 'property law' are essential for understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Javid Iqbal,
Ali Hussain Qazilbash
|
| Lawyers |
A. Karim Malik,
Abdul Aasim Jafri,
Mian Allah Nawaz,
Rana M.A.Qadri
|
| Petitioners |
,
Khushi Muhammad
|
| Respondents |
,
Sher Muhammad
|
| Citations |
1987 SLD 220,
1987 SCMR 129
|
| Other Citations |
Government of N.-W.F.P v. Said Kamal Shah P L D 1986 S C 360
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Pre-emption Act (I of 1913)
|
| Sections |
185(3),
203-D,
15(a),
15(b)
|