| Case ID |
15530d01-6607-48c5-9b74-d285e39002ca |
| Body |
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| Case Number |
Civil Petitions for Leave to Appeal Nos.424-R and |
| Decision Date |
Feb 24, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in the case of Muhammad Arif against the Lahore High Court's dismissal of his pre-emption suits. The court noted that the plaintiff, Muhammad Arif, claimed a right of pre-emption as a brother of the vendor, Muhammad Sadiq, who sold land to Raja Muhammad Aslam and others. The court highlighted the importance of the Punjab Pre-emption Act and previous judgments that recognized the rights of co-sharers under Islamic injunctions. The court's decision opens the door for an examination of the grounds for amendment of plaints regarding co-sharership, which had been previously rejected by the High Court. The case underscores the interplay between property rights, Islamic law, and civil procedure, and sets a precedent for future cases involving similar issues. |
| Summary |
In the landmark case decided on February 24, 1990, by the Supreme Court of Pakistan, Muhammad Arif, the petitioner, sought to overturn dismissals of his pre-emption suits concerning land sold by Muhammad Sadiq to Raja Muhammad Aslam and others. Citing the Punjab Pre-emption Act and relevant precedents, Arif argued that he had a superior right as a brother of the vendor. The Supreme Court's ruling emphasized the validity of co-sharership under Islamic law, potentially reshaping property rights in Pakistan. The case references significant legal principles and past rulings, including Sardar Ali's case, and highlights the need for judicial flexibility in recognizing co-sharership claims. This decision is vital for practitioners in property law and advocates seeking to navigate the complexities of pre-emption rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
RUSTAM S. SIDHWA, J.
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Arif
|
| Respondents |
Raja Muhammad Aslam and others
|
| Citations |
1991 SLD 1320,
1991 SCMR 1671
|
| Other Citations |
Sardar Ali and others v. Muhammad Ali and others P L D 1988 S C 287,
Government of N.-W.F.P. v. Said Kamal Shah P L D 1986 S C 360,
Ahmad v. Aziz P L D 1989 S C 771
|
| Laws Involved |
Punjab Pre-emption Act,
Civil Procedure Code,
Constitution of Pakistan
|
| Sections |
15,
V,
VI, R. 17,
185(3)
|