| Case ID |
2014173f-e405-46bd-8641-07d9217a1135 |
| Body |
View case body. Login to View |
| Case Number |
R.SA. No. 45 of 1983 |
| Decision Date |
Apr 18, 1992 |
| Hearing Date |
Feb 29, 1992 |
| Decision |
This case revolves around the application of the Punjab Pre-emption Act concerning a sale of land where the doctrine of 'sinker' was invoked. The Lahore High Court reviewed the proceedings and determined that the sale transaction was indivisible due to the nature of the contributions made by the vendees. The appeal was partly accepted, leading to a modification of the lower court's decree, emphasizing the importance of clearly established ownership and contributions in such transactions. The court concluded that the plaintiffs' right to pre-empt the sale was valid, and as a result, the decision favored the plaintiffs regarding their claims against Ahmad Bakhsh while dismissing the claim against Ghauns Bakhsh. |
| Summary |
In the landmark case of R.SA. No. 45 of 1983, the Lahore High Court addressed significant issues regarding pre-emption rights under the Punjab Pre-emption Act (I of 1913). The case involved the sale of land which was contested by the petitioners, Ghulam Muhammad and Muhammad Amin, who sought to pre-empt the sale made by vendor Faiz Khatoon to Ghauns Bakhsh and Ahmad Bakhsh. The court examined the applicability of the principle of 'sinker', which dictates that a pre-emptor cannot join a stranger in an indivisible sale, thereby risking their pre-emptive rights. The court ultimately ruled that the sale transaction was indivisible and upheld the plaintiffs' rights, highlighting the necessity for clear evidence regarding ownership and contributions in property transactions. This case serves as a critical reference for understanding pre-emption laws and their implications in property disputes in Punjab, especially concerning the rights of co-owners and the conditions under which pre-emption can be exercised effectively. Keywords: Punjab Pre-emption Act, pre-emption rights, property law, Lahore High Court, land sale disputes, legal principles in property transactions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. FAZAL KARIM, J
|
| Lawyers |
Not available
|
| Petitioners |
Ghulam Muhammad,
Muhammad Amin
|
| Respondents |
Ghauns Bakhsh,
Ahmad Bakhsh
|
| Citations |
1993 SLD 1079,
1993 CLC 2465
|
| Other Citations |
Muhammad Ismail and other v. Karamat Ali PLD 1989 SC 474,
Abdullah and 3 others v. Abdul Karim and others PLD 1968 SC 140
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913)
|
| Sections |
4,
3(S)
|