| Case ID |
267e2d00-42b2-484a-aba9-c78acbf5e54d |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 430 |
| Decision Date |
Mar 21, 1981 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, concluding that the petitioners did not prove they were tenants under the relevant regulations. The court highlighted that the liability to pay rent is essential for tenant status and that the petitioners failed to provide sufficient evidence for their claim. As they did not meet the conditions outlined in the Land Reforms Regulation, they could not benefit from the pre-emption rights provided to tenants. The court upheld the previous decisions, emphasizing the importance of the revenue record, which the petitioners could not effectively challenge. |
| Summary |
In the case of ABAAD ALI AND ANOTHER vs. MUHAMMAD DIN, the Supreme Court of Pakistan addressed the issue of pre-emption rights under the Land Reforms Regulation, 1972, and the West Pakistan Land Revenue Act. The petitioners claimed to have tenant rights to pre-empt a land sale, but the court found that they failed to demonstrate their status as tenants, as they did not provide evidence of a liability to pay rent. The decision reinforced the legal definition of a tenant and the associated rights, ultimately dismissing the petitioners' appeal. The ruling is significant in clarifying tenant rights and the conditions necessary for pre-emption in land disputes, which is a critical aspect of property law in Pakistan. This case serves as a reference point for future legal interpretations regarding tenant rights and pre-emption laws, emphasizing the need for concrete evidence to substantiate claims of tenancy. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUSHTAQ HUSSAIN,
FAKHRUDDIN G. EBRAHIM
|
| Lawyers |
Ch. Rafiq Ahmad Sabir, Advocate Supreme Court,
Muhammad Aslam Chaudhry, Advocate-on-Record,
S. Inyat Hussain, Advocate-on-Record
|
| Petitioners |
ANOTHER,
ABAAD ALI
|
| Respondents |
MUHAMMAD DIN
|
| Citations |
1981 SLD 413,
1981 SCMR 742
|
| Other Citations |
Not available
|
| Laws Involved |
Land Reforms Regulation, 1972,
West Pakistan Land Revenue Act (XVII of 1967)
|
| Sections |
Para. 25 (3) (d),
S. 4 (26)
|