| Case ID |
22b85d82-18c4-4faf-89f1-f172befdd062 |
| Body |
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| Case Number |
Civil Petitions Nos. 2633-L and 2634-L of 2001 |
| Decision Date |
Mar 26, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitions for pre-emption, affirming the judgment of the Lahore High Court. The court held that the sale of land by the confirmed allottee of evacuee land was pre-emptible despite the vendor not having fully paid the settlement dues to the Federal Government. The court emphasized that the payment of such dues was a matter between the allottee and the Government, and the vendee was not immune from a pre-emption suit. Thus, the judgment of the High Court was upheld, and leave to appeal was refused. |
| Summary |
In this significant legal case, the Supreme Court of Pakistan deliberated on the application of the Punjab Pre-emption Act, 1913, concerning the sale of evacuee land. The core issue revolved around whether a sale could be pre-empted if the vendor had not settled dues owed to the Settlement Department. The court concluded that the sale was indeed pre-emptible, reinforcing the legal principle that the vendee is not shielded from pre-emption claims simply due to unresolved payments by the vendor. This ruling not only clarifies the legal standing of property sales involving allottee rights but also serves as a precedent for future cases related to property law and pre-emption in Pakistan, making it vital for legal practitioners to understand the implications of this decision. Keywords: pre-emption, property law, Supreme Court of Pakistan, Punjab Pre-emption Act. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
KHALIL-UR-REHMAN RAMDAY,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Ali Akbar Qureshi, Advocate Supreme Court,
Muhammad Islam, Advocate-on-Record
|
| Petitioners |
NAZIR AHMAD
|
| Respondents |
others,
JAN MUHAMMAD
|
| Citations |
2003 SLD 954,
2003 SCMR 766
|
| Other Citations |
Haji Sultan Muhammad and another v. Muhammad Siddiq PLD 1973 SC 347
|
| Laws Involved |
Punjab Pre-emption Act, 1913,
Constitution of Pakistan, 1973
|
| Sections |
4,
21,
185(3)
|