| Case ID |
20b6c65e-0938-4a57-bfca-b582b724174a |
| Body |
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| Case Number |
Civil Revision No. 1490 of 2003 |
| Decision Date |
Dec 01, 2003 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the revision petition and set aside the decree passed by the Appellate Court while restoring the judgment of the Trial Court. The court found that the plaintiffs, Muhammad Bakhsh and another, had failed to establish their superior rights of pre-emption as co-sharers in all Khatas involved in the case. The High Court emphasized that the pre-emptors must prove their preferential rights in each Khata at three stages: on the date of sale, on the date of institution of the suit, and on the date of passing of the decree. The findings were based on misreading or non-reading of evidence, which led to the conclusion that the plaintiffs were not co-sharers in all four Khatas. Therefore, the High Court restored the Trial Court's decision which had dismissed the suit based on these grounds. |
| Summary |
This case revolves around a dispute regarding the pre-emption rights of Muhammad Bakhsh and another, who sought possession of land sold to Atta Muhammad. The Lahore High Court reviewed the decisions made by the Trial Court and the Appellate Court, focusing on the legal principles surrounding the Punjab Pre-emption Act and the Civil Procedure Code. The court highlighted the necessity for pre-emptors to substantiate their claims of co-sharership in all Khatas involved in the sale. The High Court ultimately found that the plaintiffs failed to meet this burden of proof, leading to a restoration of the Trial Court's original dismissal of the suit. This case underscores the importance of clear documentation and evidence in pre-emption claims, emphasizing the legal standards that govern such disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKHTAR SHABBIR, J
|
| Lawyers |
Hafiz Khalil Ahmed,
Sarfraz Hussain
|
| Petitioners |
ATTA MUHAMMAD
|
| Respondents |
another,
MUHAMMAD BAKHSH
|
| Citations |
2004 SLD 2578,
2004 PLD 300
|
| Other Citations |
Hasil and another v. Karam Hussain Shah and others 1995 SCMR 1385,
Allah Ditta and others v. Said 2000 SCMR 1257,
Malik Mitha v. Jamal Din and 2 others PLD 1990 Lah. 186,
Jalal Khan v. Muhammad Banaras and 2 others 1988 CLC 414,
Khuda Dad v. Ahmad Khan 1988 CLC 25,
Mahboob Alam v. Mir Zaman and others PLD 1974 Lah. 218,
Shabbir Ahmad and others v. Khushi Muhammad and others 1993 CLC 2316,
Muhammad Bakhsh and 4 others v. Province of the Punjab and 2 others 1994 SCMR 1836,
Nasir Abbas v. Manzoor Haider Shah PLD 1989 SC 568,
Jan Muhammad Khan v. Shah Mir Hussain and others 1985 SCMR 2029
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991),
Civil Procedure Code (V of 1908)
|
| Sections |
5,
6(1)(a),
13,
O.XLI, R.22,
O.XLI, R.33,
S.100,
S.96,
S.115
|