| Case ID |
20f4e5a9-9313-4732-83f2-af2c2de7723d |
| Body |
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| Case Number |
F.A.O. No.291 of 2004 |
| Decision Date |
Feb 09, 2005 |
| Hearing Date |
Feb 09, 2005 |
| Decision |
The Lahore High Court reversed the trial court's decision that rejected the plaint for a pre-emption suit on the grounds of partial pre-emption. The court ruled that the plaintiff must sue for the whole of the property to which his right of pre-emption extends, and since the plaintiff had sued for the entire property, the lower court's rejection was erroneous. The case was remanded for a decision in accordance with the law, highlighting the principles of pre-emption under the Punjab Pre-emption Act, 1991. |
| Summary |
This case revolves around the principles of pre-emption as dictated by the Punjab Pre-emption Act, 1991. It discusses the requirements for a plaintiff in a pre-emption suit to claim the whole property when exercising their right of pre-emption. The Lahore High Court's decision emphasizes that a plaintiff cannot selectively claim parts of a property and must pursue the whole property to avoid the principle of partial pre-emption. The judgment was significant in clarifying the interpretation of sections 19 and 20 of the Punjab Pre-emption Act, aligning it with Islamic principles and ensuring that plaintiffs are not unjustly restricted in their claims. The case also underscores the importance of court procedures and timely decisions in pre-emption cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ZAHID HUSSAIN, J
|
| Lawyers |
Ch. Shaukat Ali Saqib for Appellant,
Muhammad Abdul Majid for Respondent
|
| Petitioners |
MUHAMMAD ALI
|
| Respondents |
MUHAMMAD ANWAR
|
| Citations |
2005 SLD 1204,
2005 CLC 603
|
| Other Citations |
Feroze Khan and 3 others v. Ahmad Yar 1992 MLD 1570,
Muhammad Latif Khan and others v. Lal Khan and others PLD 1979 SC (AJ&K) 123,
Abdul Rehman v. Muhammad Khan alias Khan Muhammad 2003 MLD 374,
Sarfraz Khan v. Nimatullah Khan 2002 SCMR 751,
Malik Hussain and others v. Lala Ram Chand and others PLD 1970 SC 299,
Ali Akbar v. Muhammad Anwar 1981 SCMR 775,
Allah Din and others v. Jan Muhammad and others PLD 1951 Lah. 163,
Dhala v. Khanun and others AIR 1935 Lah. 635,
Muhammad Yousaf v. Ghulam Muhammad and 5 others 2002 YLR 3764,
Muhammad Hayat v. Faiz Ali and another 2002 MLD 938
|
| Laws Involved |
Punjab Pre-emption Act,
Civil Procedure Code
|
| Sections |
19,
20,
O.VII, R. 11
|