| Case ID |
1ed5396e-6258-431a-a28e-2b15bdf0fc53 |
| Body |
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| Case Number |
Regular Second Appeal No. 144 of 1987 |
| Decision Date |
Dec 04, 1993 |
| Hearing Date |
|
| Decision |
The Regular Second Appeal filed by Roshan Din and Muhammad Suleman was dismissed by the Lahore High Court. The court upheld the decision of the Additional District Judge, Faisalabad, which had previously dismissed the appellants' appeal against the decree for pre-emption filed by Muhammad Maqbool. The court found that the appellants failed to substantiate their claim of being tenants of the suit land at the time of sale, and thus did not possess a superior right of pre-emption. The concurrent findings of fact from the lower courts were deemed satisfactory and free from misreading or non-reading of evidence. The appellants were required to provide unimpeachable evidence of their tenancy, which they did not. Consequently, the appeal was dismissed, and the appellants were ordered to bear the costs of the proceedings. |
| Summary |
In this landmark case decided by the Lahore High Court, the central issue revolved around the claim of pre-emption under the Punjab Pre-emption Act, where the appellants contended that they were tenants of the land in question at the time of sale. The court scrutinized the evidence presented, particularly focusing on the definition of a tenant as per the West Pakistan Land Revenue Act. The judgment emphasized the need for three attributes to establish a legal relationship of landlord and tenant: holding land, holding it under another person, and being liable to pay rent. The court found that the appellants failed to provide sufficient evidence to prove their status as tenants, thereby lacking the necessary grounds for pre-emption. This case highlights critical aspects of property law and tenant rights, making it a significant reference point for future cases regarding tenancy and pre-emption rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN ALLAH NAWAZ, J
|
| Lawyers |
Ch. M. Anwar Bhinder,
Ch. Khurshid Ahmad,
Syed Zainul Abidin,
Kh. Abdul Hameed
|
| Petitioners |
Muhammad Suleman,
ROSHAN DIN
|
| Respondents |
MUHAMMAD MAQBOOL
|
| Citations |
1994 SLD 1257 = 1994 CLC 677
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Land Revenue Act (XVII of 1967),
Land Reforms Regulation, 1972 (M.L.R. 115),
Civil Procedure Code (V of 1908)
|
| Sections |
4(26),
Para. 25,
100
|