| Case ID |
22858014-9a75-4227-a50c-0d8c4e9ac26e |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 171 |
| Decision Date |
Feb 08, 1986 |
| Hearing Date |
Feb 08, 1986 |
| Decision |
The Supreme Court of Pakistan dismissed the Civil Petition for Special Leave to Appeal filed by the petitioners. The court upheld the Lahore High Court's decision regarding the dismissal of the petitioners' pre-emption suit, particularly concerning a portion of the land that had been included in municipal limits prior to the judgment. The ruling emphasized that in order to succeed in a pre-emption suit, the plaintiffs must hold the right to pre-empt not only at the time of sale and filing of the suit but also at the time of the decree. Since part of the land was no longer eligible for pre-emption rights due to its municipal inclusion, the petitioners' claim was found to be invalid, leading to the refusal of leave to appeal. |
| Summary |
This case revolves around the interpretation and application of pre-emption rights in the context of land that has been incorporated into municipal limits. The Supreme Court of Pakistan, in its ruling, reiterated the necessity for plaintiffs in a pre-emption suit to establish their rights at various critical points: the date of sale, the date of the filing of the suit, and the date of the decree. The case highlights the complexities involved in property law, particularly under the Punjab Pre-emption Act, and underscores the implications of municipal notifications on pre-emption rights. The ruling serves as a critical reference for similar cases where land ownership and rights are challenged due to changes in zoning or municipal regulations, making it a significant case in understanding property law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH
|
| Lawyers |
S. Inayat Hussain Shah
|
| Petitioners |
others,
MUHAMMAD RAZZAQ
|
| Respondents |
MUHAMMAD DIN
|
| Citations |
1986 SLD 1195,
1986 SCMR 1379
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Pre-emption Act (1 of 1913)
|
| Sections |
4,
15
|