| Case ID |
2dec4a35-ecc0-42d8-80ff-1dcc9bf7f4c9 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 156 of 1980 |
| Decision Date |
Oct 23, 1988 |
| Hearing Date |
Oct 11, 1988 |
| Decision |
The Supreme Court dismissed the appeal against the High Court's decision, affirming that the transaction in question was an exchange, not a sale. The Court emphasized that the concurrent findings of the lower courts were perverse, having misread evidence regarding the nature of the transaction and the value of the land. The High Court had correctly set aside the findings of the two lower courts based on evidence that demonstrated the transaction was indeed a sale disguised as an exchange. The Court ruled that the pre-emption suit was decreed for Rs. 700 as the price of the land and an additional Rs. 1,000 for improvements. |
| Summary |
In the landmark case of Civil Appeal No. 156 of 1980, the Supreme Court of Pakistan addressed the complexities surrounding pre-emption rights under the Punjab Pre-emption Act and the Civil Procedure Code. The case arose from a dispute between Sheikh Muhammad and Mst. Hashmat Sultana regarding a transaction that was claimed to be an exchange but was contested as a sale. The Supreme Court ruled that the High Court's reversal of the lower courts' findings was justified, as the evidence clearly established that the transaction was indeed a sale disguised as an exchange. The decision highlighted the importance of accurate legal interpretation and adherence to procedural justice in property transactions. This case serves as a significant precedent in understanding the nuances of pre-emption rights and the interpretation of sales versus exchanges in Pakistani law. Keywords: pre-emption rights, property law, Supreme Court of Pakistan, Punjab Pre-emption Act, Civil Procedure Code, legal precedent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, CJ,
SHAFIUR RAHMAN,
JAVID IQBAL,
USMAN ALI SHAH,
NAIMUDDIN, JJ
|
| Lawyers |
Bashir Ahmad Ansari, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record for Appellant,
Maulvi Siraj-ul-Haque, Advocate Supreme Court,
S. Inayat Hussain, Advocate-on-Record for Respondent
|
| Petitioners |
SHEIKH MUHAMMAD
|
| Respondents |
Mst. HASHMAT SULTANA
|
| Citations |
1989 SLD 382,
1989 SCMR 34,
1989 SLD 938
|
| Other Citations |
Gul Muhammad v. Tota Ram AIR 1915 Lah. 218,
Prabhu Dial and another v. Shadi Ram and another AIR 1919 Lah. 246,
Nathu Mal v. Har Dial and others 1900 Punj. Record No. 97,
N.S. Venkatagiri Ayyangar and another v. The Hindu Religious Endowments Board, Madras PLD 1949 P C 26,
Pir Walayat Shah v. Muhammad Shad and another 1968 SCMR 1304,
Ata Muhammad Khan v. Mst. Khanzadi 1976 SCMR 104,
Gul Muhammad Khan v. Khan Ahmad Shah Punjab Records No. 29 of 1893,
Kanwal Nain v. Fateh Khan PLD 1983 SC 53
|
| Laws Involved |
Constitution of Pakistan, 1973,
Punjab Pre-emption Act (I of 1913),
Civil Procedure Code (V of 1908)
|
| Sections |
185(3),
15,
4,
115
|