| Case ID |
1fdfeace-508a-4d0e-b42b-8858f19fde8c |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 1-R |
| Decision Date |
Mar 15, 1981 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition challenging the Lahore High Court's judgment that recognized the transaction as a sale rather than a gift. The High Court's interference with the District Judge's finding was deemed appropriate given the overlooked circumstances that indicated the transaction was indeed a sale. The petitioners' claim of pre-emption was thus upheld based on the evidence presented, leading to the dismissal of the petition. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed the complex issue of property transactions classified as either sales or gifts. The petitioners sought to assert their right of pre-emption over land that was allegedly sold to Ghazan. They argued that the transaction was a gift, as evidenced by a registered deed. The trial court initially sided with the petitioners, but the appellate court reversed this decision. The Supreme Court ultimately upheld the High Court's ruling, emphasizing the importance of considering all relevant circumstances in determining the nature of the transaction. This case reaffirms the legal principles surrounding property rights and pre-emption, providing clarity for future cases involving similar disputes. Keywords: Supreme Court, pre-emption, property law, gift vs sale, Pakistan legal system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH
|
| Lawyers |
Bashir Ahmad Ansari
|
| Petitioners |
GHAZAN AND others
|
| Respondents |
HAYAT ALI AND another
|
| Citations |
1981 SLD 305,
1981 SCMR 492
|
| Other Citations |
Abdul Majid and others v. Khalil Ahmad P L D 1955 F C 38
|
| Laws Involved |
Civil Procedure Code,
Punjab Pre-emption Act
|
| Sections |
100,
101,
15
|