| Case ID |
3715181a-94bd-4969-99c8-719cc3911393 |
| Body |
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| Case Number |
Civil Petition No. 253 of 1993 |
| Decision Date |
Oct 10, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in the case concerning the right of pre-emption under the Punjab Pre-emption Act, 1913. The Court emphasized that the existence of the custom of pre-emption in the town of Pindigheb was established prior to the enforcement of the Act in 1913. The Court clarified that the mere division of the town into Mohallas does not necessitate proof of pre-emption customs in each subdivision. The petitioners had previously won their suit in the trial court, but the decision was overturned by the District Judge, which led to the current appeal. The Court acknowledged the historical context and custom of pre-emption in the area, ultimately deciding to review the arguments presented by the petitioners' counsel regarding the applicability of pre-emption laws in the context of urban property. |
| Summary |
In the case of Altaf Hussain and Niaz Hussain v. Ghulam Muhammad, the Supreme Court of Pakistan addressed significant issues surrounding the right of pre-emption as outlined in the Punjab Pre-emption Act of 1913. The petitioners challenged a lower court's ruling that dismissed their claim to pre-emption on the grounds that they failed to establish the custom in the specific Mohallah where the property was located. The Supreme Court evaluated the historical existence of pre-emption rights in the town of Pindigheb, highlighting that such customs predated the Act's enforcement. The judgment reinforced the principle that the existence of pre-emption rights does not hinge upon proving customs in subdivided areas of a locality. This case is pivotal for understanding the application of pre-emption laws in urban settings and the rights of contiguous property owners, making it an essential reference for legal practitioners and scholars in property law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADEER CHAUDHRY,
SAJJAD ALI SHAH,
WALI MUHAMMAD KHAN
|
| Lawyers |
Mirza Anwar Baig
|
| Petitioners |
ALTAF HUSSAIN,
NIAZ HUSSAIN
|
| Respondents |
GHULAM MUHAMMAD
|
| Citations |
1994 SLD 707,
1994 SCMR 977
|
| Other Citations |
1992 SCMR 404
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Constitution of Pakistan (1973)
|
| Sections |
16,
185(3)
|