| Case ID |
2cbdaa2a-5d9a-4297-9e5b-065d8b9d532d |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.440-L of 199 |
| Decision Date |
Jan 18, 1999 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to determine whether the specific shares of the vendees mentioned in the mutation imply a case of partial pre-emption and whether the non-joinder of a real brother of the respondents was fatal to the appeal. The Court found that the trial court's decree for partial pre-emption could not stand due to the indivisible nature of the transaction, as one of the co-vendees failed to join the appeal. This decision clarifies the legal standing of pre-emption suits and the necessary parties involved in such proceedings. |
| Summary |
This case revolves around a civil petition for leave to appeal concerning the Punjab Pre-emption Act and the Constitution of Pakistan. The core issue was whether the sale of agricultural land could be contested by pre-emptors based on their collateral relationship to the vendor and the contiguity of the land. The trial court decreed in favor of the pre-emptors, but the appellate court dismissed the appeal due to procedural issues related to co-vendees. The Supreme Court examined the implications of defined shares in the transaction and the necessity of all parties in the appeal process, ultimately granting leave to consider significant questions of law regarding partial pre-emption and the fatality of non-joinder in appeals. This case is critical for understanding the procedural intricacies of pre-emption claims and the rights of co-vendees in property transactions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RAJA AFRASIAB KHAN,
SH. RIAZ AHMED
|
| Lawyers |
Ch. Muhammad Aslam Sandhu, Advocate Supreme Court,
Muhammad Islam, Advocate-on-Record for Petitioners,
Mahmoodul Islam, Advocate-on-Record for Respondents Nos. 1 to 3
|
| Petitioners |
16 others,
MAHMOOD AHMED
|
| Respondents |
2 others,
AZIZ
|
| Citations |
1999 SLD 458,
1999 SCMR 2239
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Constitution of Pakistan (1973)
|
| Sections |
15,
21,
Art. 185(3)
|