| Case ID |
2bdeccd2-b07a-46ca-adc3-6f33112cf030 |
| Body |
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| Case Number |
Civil Revision No.274 of 1986 |
| Decision Date |
Jul 31, 1999 |
| Hearing Date |
Jun 30, 1999 |
| Decision |
The Lahore High Court upheld the trial court's decision favoring the plaintiff, Muhammad Din, who pre-empted a sale of land. The court found that the concurrent findings of both lower courts were not to be disturbed as they were based on the evidence presented. The court emphasized that the plaintiff's ownership claim was substantiated adequately and that the transfers made during the pendency of the suit did not affect his pre-emption rights. The court clarified the application of the Punjab Pre-emption Act, specifically section 21-A, indicating that such transfers do not impact the claim of the pre-emptor. The petitioners' arguments regarding defects in the plaint were dismissed, affirming that the case adhered to the necessary legal standards. |
| Summary |
This case revolves around the application of the Punjab Pre-emption Act, where Muhammad Din sought to pre-empt the sale of a substantial piece of land. The Lahore High Court, presided over by Justice Nasim Sikandar, confirmed the findings of the lower courts which had ruled in favor of the plaintiff. The case highlights the importance of adhering to procedural rules and the implications of concurrent findings in appellate proceedings. It also discusses the significance of ownership claims in pre-emption suits and the legal intricacies surrounding the transfer of property during litigation. The court rejected the petitioners' claims that the plaint was defective, emphasizing that the plaintiff had established his ownership and rights effectively. This ruling serves as a precedent for similar cases involving pre-emption rights and the interpretation of relevant laws. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
NASIM SIKANDAR, J
|
| Lawyers |
Ch. Arshad Mahmood for Petitioner,
Muhammad Aslam Nagi for Respondent No. 1,
Nemo for Respondent No. 2
|
| Petitioners |
SAJAWAL and others
|
| Respondents |
MUHAMMAD DIN and others
|
| Citations |
2000 SLD 1797,
2000 CLC 267
|
| Other Citations |
Nasir Abbas v. Manzoor Haider Shah PLD 1989 SC 568,
Mollah Ejahar Ali v. Government of East Pakistan and others PLD 1970 SC 173,
Binyameen and 3 others v. Chaudhry Hakim and another 1996 SCMR 336,
F.A. Khan v. The Government of Pakistan PLD 1964 SC 520,
Abdul Hakeem v. Habib Ullah and others 1997 SCMR 1139,
Wazir Muhammad and 3 others v. Abdul Aziz and another 1981 CLC 814,
Atlantic Steamer's Supply Company v. m.v. Titisee and others PLD 1993 SC 88,
Hazrat Fazal Alim Jan v. Ziarat Committee, Mazar Hazrat Jeo Sahib 1997 SCMR 1824,
Mst. Fauzia Parveen v. Mst. Sahib Khatoon and others 1988 SCMR 552,
Amir Shah v. Ziarat Gul 1988 SCMR 593,
Shahid Mahmood v. Mst. Bashiran Bibi 1998 CLC 1017,
Muhammad Malik v. Haii Muhammad Bashir and another 1994 CLC 2020,
Raj Muhammad and 2 others v. Munshi Khan and 2 others PLD 1989 SC (AJ&K) 56,
Sardar Khan v. Ghulam Sarwar and 2 others PLD 1982 SC (AJ&K) 128,
Hayat Bakhsh v. Mansabdar Khan and others AIR 1935 Lah. 529,
Muhammad Amin Khan v. Mst. Parveen Ramzan and others PLD 1998 SC 1506,
Muhammad Mujtaba v. Ghulam Ali and others 1980 SCMR 7,
Muhammad Akbar v. Muhammad Charagh 1995 CLC 2016,
Abdul Rashid and others v. Khurshid Ahmad and others PLD 1989 SC 373(2),
Mst. Fatima Bibi and 11 others v. Mst. Rahim Bibi and 3 others PLJ 1999 Lahore 128,
Juma Khan v. Mst. Shamim and 3 others 1992 CLC 1022,
Amir Bakhsh and another v. Muhammad Ramzan and 3 others 1990 MLD 245,
Syed Farzand Raza Rizvi v. Syed Zaheer Mustafa 1988 MLD 463
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Civil Procedure Code (V of 1908)
|
| Sections |
21,
21-A,
115,
O.XLI, R.31
|