| Case ID |
1a12f2fc-511c-467b-87be-31eea82ff7be |
| Body |
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| Case Number |
Civil Appeal No.176 of 1988 |
| Decision Date |
Apr 03, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the appeal and increased the decretal amount (Zar-i-Shufa) to Rs.45,000, which was the amount mentioned in the sale-deed. The court emphasized the need for strong evidence to support claims against the registered deed, noting that the appellant's claims regarding the payment before the Sub-Registrar were substantiated by circumstantial evidence. The plaintiff was given three months to pay the adjusted amount, failing which the pre-emption suit would be dismissed. |
| Summary |
In the case of Civil Appeal No.176 of 1988, the Supreme Court of Pakistan addressed a dispute regarding the pre-emption of property under the Punjab Pre-emption Act. The plaintiffs had successfully decreed a suit for pre-emption based on a payment of Rs.4,212, while the vendee contended that the sale price should have been Rs.45,000 as per the registered deed. The Supreme Court, upon reviewing the arguments, found that the evidence presented by the appellants was compelling, particularly regarding the actual payment made and the market value of the land, which was over 50 kanals. The decision highlighted the importance of strong evidence in pre-emption cases and ultimately increased the decretal amount to Rs.45,000. This case underscores the complexities involved in property law and the significance of proper documentation in sale transactions. Key considerations include the interpretation of registered deeds, the evidentiary burden in pre-emption suits, and the judicial approach to balancing competing claims. The ruling serves as a critical reference for future cases involving property pre-emption and the assessment of sale prices in legal disputes. The keywords relevant to this case include 'pre-emption law', 'property disputes', 'Supreme Court rulings', and 'Punjab Pre-emption Act'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
ALI HUSSAIN QAZILBASH, J
|
| Lawyers |
Not available
|
| Petitioners |
ABBAS KHAN,
Haji SAIFULLAH
|
| Respondents |
Not available
|
| Citations |
1991 SLD 823,
1991 SCMR 213
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Constitution of Pakistan (1973)
|
| Sections |
25,
185(3)
|