| Case ID |
153fe3ee-cec1-461d-9212-c5a57ecfd762 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 414 |
| Decision Date |
Nov 25, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the findings of the lower courts, which concluded that the plaintiffs (respondents) had a superior right of pre-emption over the property in question. The Court found that the transaction of sale could not be considered divisible based solely on the recitals in the sale-deed regarding the shares of the vendees. The Court emphasized the need for evidence of payment in specified amounts by the various vendees to support the claim of divisibility. As no such evidence was presented, the Court dismissed the petition for special leave to appeal. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed the nuances of the Punjab Pre-emption Act, particularly concerning the superior right of pre-emption. The case involved a dispute over a property transaction where the trial court found that the plaintiffs were the rightful owners, while the petitioner claimed the sale transaction was divisible. The Supreme Court's decision underscored the importance of producing evidence to substantiate claims of divisibility in property transactions. This case sets a significant precedent in property law, emphasizing the necessity for clear evidence in pre-emption rights. Keywords such as 'pre-emption', 'property law', and 'Supreme Court decisions' are essential for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
ABDUL KADIR SHAIKH
|
| Lawyers |
Sh. Abdul Mannan,
Tanvir Ahmad,
S. Abid Nawaz
|
| Petitioners |
Mangta
|
| Respondents |
Others,
Lab Din
|
| Citations |
1982 SLD 243,
1982 SCMR 282
|
| Other Citations |
Abdullah v. Abdul Karim P L D 1968 S C 140
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913)
|
| Sections |
15
|