| Case ID |
2577c86a-82df-406b-bfcb-4f4f7fe45912 |
| Body |
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| Case Number |
Civil Petition No. 46 R of 1983 |
| Decision Date |
Jul 26, 1983 |
| Hearing Date |
Jun 08, 1983 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal filed by Fateh Muhammad against the judgment dated December 21, 1982, of the Lahore High Court. The court found that the sale deed in question had been canceled through a deed of retraction only 21 days after its execution, thus negating the basis for the pre-emption suits filed by both Fateh Muhammad and another claimant. The courts below had determined that there was no subsisting sale to pre-empt, and the deed of cancellation was found to be genuine and valid. The Supreme Court upheld the findings of the lower courts, affirming that in the absence of an existing sale, pre-emption claims could not be sustained. |
| Summary |
In the case of Civil Petition No. 46 R of 1983, the Supreme Court of Pakistan addressed the issue of pre-emption rights following the cancellation of a sale deed. The case arose when Ahmad Khan sold land to Ghulam Sarwar, which was later cancelled due to disputes between the parties. Fateh Muhammad, alleging tenant rights, and another party sought to pre-empt the sale. The trial court and appellate court both found the cancellation valid, leading to the dismissal of the pre-emption suits. The Supreme Court, in reviewing the judgments, confirmed that the pre-emption claims were invalid as the sale was no longer in existence. This case highlights important aspects of property law and the legal principles surrounding the right of pre-emption in Pakistan, emphasizing the significance of valid cancellation of agreements in real estate transactions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH
|
| Lawyers |
Kh Muhammad Yusuf Saraf,
Khan Imtiaz Muhammad Khan
|
| Petitioners |
FATEH MUHAMMAD
|
| Respondents |
ANOTHER,
GHULAM SARWAR
|
| Citations |
1983 SLD 271,
1983 SCMR 1116
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Pre-emption Act (t of 1913)
|
| Sections |
Art. 185(3),
S. 15
|