| Case ID |
1b96a4ee-5e39-4466-9de2-fb5d1df08079 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.488 P of 2003 |
| Decision Date |
May 04, 2004 |
| Hearing Date |
|
| Decision |
The petition of Abdul Yameen Khan was rejected, and leave to appeal was refused. The court held that once a pre-emption suit is instituted, a vendee is prohibited from selling or reselling the disputed property until the case is adjudicated. The sale of the property to Ashraf Ali Khan took place before the pre-emption suit was filed by Abdul Yameen Khan and thus was a new transaction. The court emphasized that the principle of lis pendens applies only when a case is pending, and since the sale occurred prior to the institution of the pre-emption suit, the petitioner needed to file a suit against the latest sale to assert his rights. The decision reflects the court's adherence to property rights and procedural law in pre-emption cases. |
| Summary |
In this case, Abdul Yameen Khan appealed against the dismissal of his pre-emption suit by the Peshawar High Court. The Supreme Court examined the legal principles surrounding pre-emption and the Transfer of Property Act. The core issue was whether the subsequent sale of property to Ashraf Ali Khan, which occurred before the filing of the pre-emption suit, could be challenged by the pre-emptor. The court concluded that it could not, as the principle of lis pendens does not apply to transactions made before the initiation of legal proceedings. This case underscores the importance of timely legal action in property disputes and the implications of the pre-emption law. The ruling reinforces the legal boundaries within which property sales can occur in relation to pending litigation, providing clarity for future cases involving pre-emption. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN MUHAMMAD AJMAL,
SARDAR MUHAMMAD RAZA KHAN
|
| Lawyers |
Mian Muhammad Younas, Senior Advocate Supreme Court,
Jan Muhammad Khan, Advocate on-Record for Petitioner,
Saeed Baig, Advocate Supreme Court,
M. Ismail Fehmi, Advocate on-Record for Respondents
|
| Petitioners |
ABDUL YAMEEN KHAN
|
| Respondents |
others,
ASHRAT ALI KHAN
|
| Citations |
2004 SLD 1137,
2004 SCMR 1270
|
| Other Citations |
Muhammad Khan v. Sadiq PLD 1968 Lah. 929,
Fyare Mohan v. Rameshwar AIR 1980 Rajasthan 116,
Muhammad Khan v. Zir Mir Khan 1981 CLC 129,
Falak Sher v. Muhammad Rashid PLD 1982 Lah. 426,
Mian Tahir Shah v. Additional District Judge, Swabi 1998 SCMR 858
|
| Laws Involved |
North West Frontier Province Pre emption Act,
Transfer of Property Act
|
| Sections |
22,
52
|