| Case ID |
36998d58-3b43-459b-b405-2e6b85a37021 |
| Body |
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| Case Number |
Civil Revision No. 173-D of 1987 |
| Decision Date |
Dec 21, 1999 |
| Hearing Date |
Dec 21, 1999 |
| Decision |
The Lahore High Court upheld the judgments of both the trial court and the appellate court, affirming that the respondents had a superior right to pre-emption due to their status as co-sharers in the Khata. The court found no misreading of evidence and ruled against the petitioners' claims regarding the limitations of the suit. The principle of sinker was correctly applied as the vendee Muhammad Din associated with strangers, losing his right. The petition was dismissed without merit, with no order as to costs. |
| Summary |
This case revolves around a pre-emption suit under the Punjab Pre-emption Act, where the Lahore High Court affirmed the lower courts' decisions that recognized the respondents' superior right as co-sharers in the Khata. The principle of 'sinker' played a crucial role, as the vendee's association with other vendees led to the loss of his rights. The court emphasized the importance of evidence and the proper application of legal principles in pre-emption cases. Ultimately, the court dismissed the petition, reinforcing the rights of co-sharers in property disputes, which is a significant aspect in civil law and property rights. This case highlights the complexities of property law in Pakistan, especially regarding co-ownership and pre-emption rights. It is crucial for legal practitioners to understand these nuances when representing clients in similar disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ZAHID HUSSAIN, J
|
| Lawyers |
Hafiz-ur-Rehman Mirza,
Ch. Ali Muhammad
|
| Petitioners |
another,
KHADIM HUSSAIN
|
| Respondents |
4 others,
MUHAMMAD IDREES
|
| Citations |
2000 SLD 2025,
2000 CLC 1482
|
| Other Citations |
Fazal Elahi v. Dewan Ali through Legal Heirs and others 1984 SCMR 1404,
Mst. Khair-ul-Nisa and 6 others v. Malik Muhammad Ishaque and 2 others PLD 1972 SC 25,
Mst. Fateh Bibi v. Ahmad Khan and 6 others PLD 1971 Lah. 171,
Sultan Muhammad and 3 others v. Nawab Khan and others PLD 1982 Lah. 568
|
| Laws Involved |
Punjab Pre-emption Act,
Civil Procedure Code
|
| Sections |
21,
115
|