| Case ID |
1a6b5a5f-81ed-47ec-be87-bb02a70c9119 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 386 of 1987 |
| Decision Date |
Feb 11, 2002 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the revision petition, affirming the appellate court's ruling that the pre-emption suit was time-barred. The court held that the sale, although oral, was valid for the purpose of pre-emption. It established that the intention of the parties involved was crucial in determining whether the sale was pre-emptible under the Punjab Pre-emption Act, 1913. The court concluded that the limitation period should start from the date of possession transfer. The appellate court's decision was upheld, indicating that the suit for pre-emption was filed beyond the permissible one-year period from the date of possession transfer. |
| Summary |
In the case of Civil Revision No. 386 of 1987, the Lahore High Court addressed the complexities surrounding pre-emption rights under the Punjab Pre-emption Act, 1913. The key issue revolved around an oral sale that occurred on June 12, 1980, and the subsequent claim by Allah Ditta for pre-emption. The court analyzed various precedents, including Muhammad Masud Khan Bhatti v. Mst. Ghulam Fatima and Abdul Karim v. Fazal Muhammad Shah, to clarify the legal interpretations of 'sale' and its implications for pre-emption. The court found that an oral sale could be pre-emptible and that possession transfer was critical in determining the start of the limitation period for filing a pre-emption suit. Ultimately, the court upheld the appellate court's ruling that the pre-emption suit was barred by time, reinforcing the necessity for timely action in legal disputes related to property transactions. This case highlights the importance of understanding the intersection of property law and procedural limitations, making it a valuable reference for legal practitioners and scholars alike. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
TANVIR BASHIR ANSARI, J
|
| Lawyers |
Ch. Abdus Sattar,
Aejaz Ahmed Ansari
|
| Petitioners |
ALLAH DITTA
|
| Respondents |
others,
FAZAL MUHAMMAD
|
| Citations |
2002 SLD 2046,
2002 CLC 1894
|
| Other Citations |
Muhammad Masud Khan Bhatti v. Mst. Ghulam Fatima 1987 SCMR 1206,
Custodian, Evacuee Property, West Pakistan, Lahore v. Rats Ghazi Muhammad PLD 1973 SC 537,
Barkat Ali v. The Custodian of Evacuee Property 1974 SCMR 69,
Abdul Karim v. Fazal Muhammad Shah PLD 1967 SC 411,
Muhammad Inayat and 5 others v. Mst. Nisar Fatima PLD 1994 SC 120,
Abdul Haq and 4 others v. Sardar Shah and others 1994 SCMR 1238
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Transfer of Property Act (IV of 1882),
Registration Act (XVI of 1908),
Limitation Act (IX of 1908)
|
| Sections |
3(5),
30,
54,
17,
10
|