| Case ID |
2b191bec-0e01-42b6-b378-1caa10aa8873 |
| Body |
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| Case Number |
Civil Appeals Nos. 80 and 81 of 1980 |
| Decision Date |
Oct 08, 1988 |
| Hearing Date |
Oct 08, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed both appeals, ruling that the right of pre-emption is not heritable. The appellant did not possess the superior right of pre-emption at the time of sale but claimed this right upon inheritance after the death of his father. The Court referenced a previous ruling (Azizur Rehman and others v. Muhammad Nawaz, PLD 1988 Supreme Court 384) which established that the right to pre-empt a sale cannot be inherited. Therefore, the appeals were dismissed with no order as to costs. |
| Summary |
This case addresses the principle of pre-emption in property law, specifically whether the right to pre-empt is heritable. The Supreme Court of Pakistan ruled that the right of pre-emption cannot be inherited, meaning that the appellant, who did not have the right at the time of the sale, could not claim it later through inheritance. This ruling is significant for property law and the rights of heirs, reaffirming legal precedents that limit the scope of pre-emption rights. The case highlights the importance of possessing the right at the time of the transaction, which is crucial for understanding property rights in Pakistan. Keywords: pre-emption, property law, inheritance, Supreme Court of Pakistan, legal rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
JAVID LQHAL,
USMAN ALI SHAH,
NAEEMUDDIN, JJ
|
| Lawyers |
M. Afzal Siddiqi, Advocate-on-Record for Appellant (in both appeals),
Ch. Akhtar Ali, Advocate-on-Record for Respondent
|
| Petitioners |
MUHAMMAD YOUNAS
|
| Respondents |
KHUSHAL
|
| Citations |
1989 SLD 327,
1989 SCMR 69,
1989 SLD 881
|
| Other Citations |
Azizur Rehman and others v. Muhammad Nawaz PLD 1988 S C 384
|
| Laws Involved |
Not available
|
| Sections |
Not available
|