| Case ID |
232efeb5-21ea-4f51-ae92-69bc1fb3d840 |
| Body |
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| Case Number |
Civil Petition No. 124 of 1985 |
| Decision Date |
Jun 04, 1988 |
| Hearing Date |
Jun 04, 1988 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal in Civil Petition No. 124 of 1985 on June 4, 1988. The court ordered security for costs amounting to Rs.5,000 and directed that the appeal be prepared for hearing on the present record. Additionally, the court permitted the parties to file any necessary additional documents. The petitioners, identified as pre-emptors, sought to challenge the partial transfer of land by the original vendees to a second set of vendees. The High Court had previously modified the decree to allow the petitioners to purchase a small portion of the disputed property. While the Additional District Judge dismissed the petitioners' appeal, the High Court upheld their position in revisional jurisdiction. The Supreme Court’s decision to grant leave to appeal underscores the importance of thoroughly examining whether the incomplete transfer by the original vendee constitutes a sale that recognizes the superior rights of the second set of vendees under the Punjab Pre-emption Act, 1913. |
| Summary |
In the pivotal case of Civil Petition No. 124 of 1985, adjudicated by the Supreme Court of Pakistan on June 4, 1988, the court delved into the complexities of the Punjab Pre-emption Act of 1913, specifically focusing on Section 21 which deals with pre-emption suits. The petitioners, Muhammad Shahnawaz and others, represented as pre-emptors, contested the sale deed registered on May 22, 1979. They argued that their superior rights as pre-emptors should grant them priority in purchasing the disputed land. The original vendees had transferred a portion of the land, measuring 59 kanals and 8 marlas, to a second set of vendees, including Khurshid Alam, Muhammad Zarif, and Zafarullah. However, before the petitioners could initiate their suit, the second set of vendees had already sold 58 kanals and 1 marla of the land, prompting the petitioners to challenge the validity of this partial transfer.
The Lahore High Court, in Civil Revision No. 403 of 1984, had initially decreed in favor of the petitioners, allowing them to purchase a minimal part of the disputed property. Despite the Additional District Judge's rejection of the petitioners' appeal, the High Court upheld their stance during its revisional jurisdiction. The core issue revolved around whether the incomplete transfer by the original vendee could be considered a recognized sale that acknowledges the superior rights of the second set of vendees under the Punjab Pre-emption Act.
The Supreme Court, presided over by Judges Muhammad Afzal Zullah and Saad Saood Jan, granted leave to appeal, emphasizing the necessity for a comprehensive examination of the legal interpretations surrounding pre-emption rights and land sale recognitions. The court's decision to grant security for costs and outline the procedural steps for the appeal highlighted its commitment to ensuring a fair and thorough adjudication process. This case underscores the intricate balance between statutory laws governing land transactions and the equitable rights of parties involved, setting a significant precedent for future litigations related to pre-emption suits and property disputes in Pakistan. The Supreme Court's intervention ensures that the legal frameworks are meticulously applied, safeguarding the interests of pre-emptors while maintaining the integrity of land sale transactions as dictated by the Punjab Pre-emption Act of 1913. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Muhammad Zarif,
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN,
MUHAMMAD SHAHNAWAZ,
KHURSHID ALAM,
Zafarullah
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
Not available
|
| Petitioners |
MUHAMMAD SHAHNAWAZ and others
|
| Respondents |
KHURSHID ALAM and others
|
| Citations |
1988 SLD 2599,
1988 SCMR 1388
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act, 1913
|
| Sections |
21
|