| Case ID |
2a897e53-0bf4-416c-a2d2-2d1d526f7587 |
| Body |
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| Case Number |
Civil Appeal No. 142 of 1993 |
| Decision Date |
May 28, 1998 |
| Hearing Date |
May 27, 1998 |
| Decision |
The Supreme Court dismissed the appeal, affirming the findings of the High Court which had held that the transactions of exchange between the vendees were genuine and not fictitious. The court found that the appellants failed to establish their superior right of pre-emption based on the evidence presented, particularly regarding the completion of the exchange transactions prior to the institution of the suit. The court emphasized that a transaction is deemed completed on the date it is affected, regardless of when it is formally attested, and this principle guided the court's decision in affirming the High Court's dismissal of the pre-emption suit. |
| Summary |
This case revolves around the application of the Punjab Pre-emption Act and the Transfer of Property Act in the context of a pre-emption suit. The appellants sought to establish their superior right of pre-emption over a property that had been sold, arguing that the sale price was misrepresented and that they had a better claim as co-sharers. The case highlights the importance of legal documentation and the timing of transactions in property law. The Supreme Court, while reviewing the case, emphasized the need for clear evidence of ownership and possession in pre-emption claims. The court's ruling reinforces the doctrine that transactions are considered complete at the time of their execution, not merely upon formal registration. This case serves as a significant reference for future pre-emption suits and property rights disputes, offering insights into the interpretation of relevant laws and the judicial process in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, C.J.,
MAMOON KAZI,
CH. MUHAMMAD ARIF, J.
|
| Lawyers |
Rana Muhammad Sarwar, Advocate Supreme Court,
S. Inayat Hussain, Advocate-on-Record (absent),
Maqbool Elahi Malik, Senior Advocate Supreme Court,
Sh. Masood Akhtar, Advocate-on-Record
|
| Petitioners |
another,
Syed NAZAR HUSSAIN SHAH
|
| Respondents |
3 others,
SHAH MUHAMMAD
|
| Citations |
1998 SLD 984,
1998 SCMR 2755
|
| Other Citations |
Khan Muhammad Yusuf Khan Khattak v, S.M. Ayub and 2 others PLD 1973 SC 160,
Abdul Majid Khan v. Shalizada Asif Jah PLD 1970 Pesh. 37,
Sohna v Allah Dad and another PLD 1962 BJ 17,
Murid Hussain and another v. Muhammad Shafi and another PLJ 1980 Lah. 355
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Transfer of Property Act (IV of 1882),
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
15,
1,
120,
185(3),
115
|