| Case ID |
39680f52-4364-455d-bdfe-db729c72c296 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 518 of 1992 |
| Decision Date |
Oct 03, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the concurrent findings of the lower courts regarding the pre-emption suit filed by Rehmatullah, representing the deceased vendors' heirs. The court affirmed that Rehmatullah had the superior right to maintain the suit for pre-emption due to his status as an heir of the vendors, despite the vendee, Abdul Karim, being a stranger to the vendors. The court clarified that the phrase 'order of succession' in the Punjab Pre-emption Act is only relevant in cases where the pre-emptor is in competition with the vendee and not with other potential heirs who did not file a suit. Thus, the appeal was dismissed, confirming the lower court's decision which favored the pre-emptor. |
| Summary |
This case revolves around the interpretation of the Punjab Pre-emption Act and the rights of heirs in a pre-emption suit. It highlights the legal principles governing the inheritance of agricultural land in the context of co-ownership among siblings. The Supreme Court's decision emphasizes the importance of the pre-emptor's status as an heir, which grants them the right to sue for pre-emption against a stranger who purchased the land. The ruling clarifies that the order of succession is to be considered only in the context of competition between the pre-emptor and the vendee, reinforcing the statutory rights of pre-emption as outlined in the law. This case serves as a significant precedent for future disputes regarding agricultural land sales and the rights of heirs, ensuring that rightful heirs can assert their claims in the face of transactions involving third parties. The keywords relevant to this case include 'pre-emption rights', 'inheritance law', 'agricultural land disputes', and 'Supreme Court rulings'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SALEEM AKHTAR,
MANZOOR HUSSAIN SIAL
|
| Lawyers |
Not available
|
| Petitioners |
REHMATULLAH through Legal Heirs
|
| Respondents |
ABDUL KARIM
|
| Citations |
1994 SLD 563,
1994 SCMR 399
|
| Other Citations |
Muhammad v. Muhammad Yar PLD 1986 SC 231,
Jalal Din v. Saeed Ahmad and others PLD 1979 SC 879
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Constitution of Pakistan (1973)
|
| Sections |
15,
13,
185(3)
|