| Case ID |
1f794a7a-1e46-46c3-b4ad-5ef218710f65 |
| Body |
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| Case Number |
Civil Appeal No.288 of 1988 |
| Decision Date |
Sep 14, 1988 |
| Hearing Date |
|
| Decision |
This case involved an appeal by the vendees against the dismissal of their Regular Second Appeal by the High Court. The case arose from a decree for pre-emption that was passed in favor of the respondent after 31-7-1986, which was deemed invalid based on prior judgments of the Supreme Court. The ruling emphasized that no decree can be passed in favor of the pre-emptor on any grounds such as co-ownership or contiguity after the specified date. The Supreme Court found that the High Court had erred in its judgment, and thus, the appeal was accepted, leading to the dismissal of the respondent's suit without any order as to costs. |
| Summary |
In the landmark case of Civil Appeal No.288 of 1988, the Supreme Court of Pakistan addressed significant legal issues surrounding the Punjab Pre-emption Act (I of 1913). The case revolved around a decree for pre-emption that was invalidated due to its timing, specifically occurring after the critical date of 31-7-1986. This decision underscored the importance of adhering to established legal precedents, as highlighted in the referenced cases of Sardar Ali v. Muhammad Ali. The Supreme Court's ruling not only clarified the limitations on pre-emption claims but also reinforced the necessity for lower courts to align their decisions with higher court directives. This case is crucial for understanding the evolving landscape of property law in Pakistan and serves as a pivotal reference point for future legal disputes involving pre-emption rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
Syed Sajjad Raza Jafri, Advocate Supreme Court,
S. Abid Nawaz, Advocate-on-Record,
Nazir Ahmad Qureshi, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record
|
| Petitioners |
another,
AIWAZ KHAN
|
| Respondents |
ALLAH BAKHSH
|
| Citations |
1988 SLD 327,
1988 PLD 730
|
| Other Citations |
Sardar Ali v. Muhammad Ali P L D 1988 S C 287,
P L D 1988 S C 355
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913)
|
| Sections |
15,
30
|