| Case ID |
173e0410-22b7-486c-89bd-af752a45e533 |
| Body |
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| Case Number |
Civil Revision No. 599-D of 1983 |
| Decision Date |
Dec 12, 2022 |
| Hearing Date |
Oct 26, 2022 |
| Decision |
The Lahore High Court dismissed the Civil Revision filed by the petitioner, Altaf Ahmad, challenging the decision of the Lower Appellate Court which had dismissed his suit for possession through pre-emption. The petitioner sought to claim a superior right of pre-emption over commercial property, which the court found to have lost its agricultural character. It was determined that the petitioner had failed to demonstrate his entitlement to pre-emption based on lack of vigilance in presenting his case. The court concluded that the right of pre-emption is meant to protect the privacy of Muslim families and does not apply to commercial properties. The High Court upheld the finding of the Lower Appellate Court, stating that the petitioner could not assert his claim of being a co-sharer in the property since he had not proven this status adequately. The revision was dismissed with no order as to costs. |
| Summary |
In the case of Altaf Ahmad vs. Muhammad Anwar and others, the Lahore High Court addressed the issue of pre-emption under the Punjab Pre-emption Act, 1913. The petitioner sought possession of land based on a superior right of pre-emption, arguing that he was a co-sharer in the property. However, the court found that the property had changed from agricultural to commercial use, which disqualified it from pre-emption claims. The ruling emphasized that the right of pre-emption is primarily designed to safeguard familial privacy among Muslim communities, and it does not extend to commercial transactions. The court's decision highlighted the importance of timely evidence presentation and the consequences of inaction over a prolonged period. Ultimately, the High Court dismissed the petitioner's revision, reinforcing the need for vigilance and proper legal standing in pre-emption cases. This case serves as a critical reference point for future disputes involving agricultural and commercial property rights, particularly in the context of pre-emption laws in Pakistan. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
Not available
|
| Judges |
Ahmad Nadeem Arshad, J
|
| Lawyers |
Ch. Muhammad Riaz Jahania,
Tahir Muneer Malik
|
| Petitioners |
ALTAF AHMAD
|
| Respondents |
4 others,
MUHAMMAD ANWAR
|
| Citations |
2023 SLD 2287,
2023 YLR 1972
|
| Other Citations |
Bashir Ahmad v. Ahmad-ul-Haq Siddique 1985 SCMR 1232,
Muhammad Yousaf v. Mst. Maqsooda Anjum and others 2004 SCMR 1049,
Shtamand and others v. Zahir Shah and others 2005 SCMR 348,
Syed Muhammad Hassan Shah and others v. Mst. Binat-e-Fatima and another PLD 2008 SC 564,
Muhammad Siddique v. Gul Nawaz and others 2021 SCMR 1480,
Ali Muhammad v. Shera and another 1987 SCMR 207,
Nawab Din and 2 others v. Hassan Muhammad represented by legal heirs 1987 CLC 1656,
Muhammad Hussain v. Muhammad Din and others PLJ 1975 Lah. 234,
Muhammad Sadiq and another v. Abdul Aziz and another 1990 CLC 1387,
Elahi Bakhsh and others v. Allah Bakhsh and others 1982 SCMR 457,
Muhammad Hussain v. Ghulam Qadir PLD 2006 SC 594,
Muhammad Idrees and others v. Sardar Ali 2013 SCMR 913,
Bilal Ahmed and anther v. Abdul Hameed 2020 SCMR 445,
Rehman Ali through legal representatives v. Muhammad Younas and others PLD 2014 SC 680
|
| Laws Involved |
Punjab Pre-emption Act, 1913,
Civil Procedure Code (V of 1908)
|
| Sections |
6,
115,
OXLI, R27
|