| Case ID |
37db76c3-3790-4efc-a674-b265d08c3063 |
| Body |
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| Case Number |
Civil Revision No. 1990 of 2016 |
| Decision Date |
Nov 06, 2018 |
| Hearing Date |
Nov 06, 2018 |
| Decision |
The Lahore High Court dismissed the civil revision filed by Mst. Mamdan Bibi against the judgment and decree dated 28.4.2015 of the learned Addl. District Judge, Chiniot. The court observed that the petitioner had no locus standi to challenge the decree in the pre-emption suit as she had previously withdrawn her declaratory suit challenging the mutation of sale. The court emphasized that any alienation of property pendente lite is barred by the rule of lis pendens, which upholds the rights of the decree-holder. The subsequent transaction involving the petitioner was deemed fraudulent and invalid, as it attempted to circumvent the legal implications of the prior decree against the original vendor. The court found no merit in the arguments presented by the petitioner regarding the framing of issues, as no application for additional issues was filed during the trial. Therefore, the decision of the lower courts was affirmed. |
| Summary |
In the case of Mst. Mamdan Bibi vs. Arif Hussain Shah, the Lahore High Court addressed the intricacies of pre-emption rights under the Punjab Pre-emption Act, 1991, as well as the implications of the Transfer of Property Act, 1882. The petitioner, Mamdan Bibi, sought to challenge the decree favoring Arif Hussain Shah regarding the pre-emption of a property sale. The court highlighted the importance of the principle of lis pendens, which prohibits any transfer of property during ongoing litigation. It was established that the petitioner had previously initiated a declaratory suit against the sale mutation but later withdrew it, rendering her position weak in the current revision. The court dismissed the revision, affirming that the petitioner could not claim any legal title as she stepped into the shoes of the original vendor, who was bound by the decree. The ruling emphasized that any attempt to alter ownership during litigation is legally untenable and reinforces the rights of the decree-holder, ensuring the integrity of judicial proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Rasaal Hasan Syed
|
| Lawyers |
Khalid Pervaiz Warraich,
Mubarak Ahmed
|
| Petitioners |
Mamdani Bibi
|
| Respondents |
Arif Hussain Shah
|
| Citations |
2019 SLD 636,
2019 PLD 148
|
| Other Citations |
1985 SCMR 1,
PLD 2011 SC 905
|
| Laws Involved |
Punjab Pre-emption Act, 1991,
Civil Procedure Code (V of 1908),
Transfer of Property Act, 1882
|
| Sections |
13,
O.I,R.10,
52
|