| Case ID |
22c8cd17-6119-40a9-aebc-836acf419833 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 376 |
| Decision Date |
May 02, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal regarding a pre-emption dispute over land in village Rasulpur. The petitioner, Wazir Din, claimed a superior right of pre-emption based on co-sharership and ownership in the Patti Kambohan. The trial Court initially decreed the suit, but the decision was reversed by the Additional District Judge, who found that the land in question was exempt from pre-emption under the Punjab Preemption Act. The High Court also upheld this decision, stating that mere mention of 'patti' in the revenue record does not establish distinct sub-divisions for pre-emption purposes. The Court found that the petitioner failed to prove the existence of distinct tribal groups or sub-divisions in the village, leading to the dismissal of the petition. |
| Summary |
In this case, the Supreme Court of Pakistan addressed a dispute concerning the right of pre-emption over land in village Rasulpur. The petitioner, Wazir Din, claimed a superior right based on his ownership in the Patti Kambohan. Initially, the trial Court ruled in favor of the petitioner, but this decision was reversed on appeal. The appellate court found that the land was exempt from pre-emption, citing the Punjab Preemption Act and asserting that mere references in the revenue records do not establish separate sub-divisions. The Supreme Court ultimately dismissed the petition, affirming the lower courts' findings that the petitioner did not sufficiently demonstrate the distinct nature of the pattis involved. This case reinforces the legal principle that the mere designation of land in revenue records is insufficient to claim pre-emption rights, highlighting the need for substantive proof of separate land divisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI,
WAHEEDUDDIN AHMAD
|
| Lawyers |
Raja Said Akbar Khan, Senior Advocate Supreme Court,
Rana Maqbool Ahmad Kadri, Advocate-on-Record
|
| Petitioners |
Wazir Din
|
| Respondents |
Hidayat,
Jiwanan,
Khair Din
|
| Citations |
1973 SLD 98,
1973 SCMR 254
|
| Other Citations |
Gul Muhammad v. Saddar Din P L D 1951 Lah. 437,
Rampartap v. Kishan Singh A I R 1937 Lah. 32
|
| Laws Involved |
Punjab Preemption Act (I of 1913)
|
| Sections |
15(c)
|