| Case ID |
39bc6b57-3124-49ba-951f-af853885ab67 |
| Body |
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| Case Number |
Writ Petition No. 2163 of 2000 |
| Decision Date |
|
| Hearing Date |
Aug 30, 2004 |
| Decision |
The Lahore High Court set aside the orders of the lower courts regarding the pre-emption rights of the petitioner, MUHAMMAD AKBAR. The court directed the trial court to determine the probable value of the disputed land, considering evidence from both parties. Accordingly, the petitioner is required to deposit one-third of the determined value or rectify any deficiency. The court noted that both the trial and appellate courts failed to properly apply the Punjab Pre-emption Act, particularly Section 24’s second proviso, in assessing the property's value. The petition was therefore allowed, and the case was remanded for further proceedings to ensure a fair and legally sound determination of the land’s value and enforceable deposit requirements. |
| Summary |
The Lahore High Court adjudicated on Writ Petition No. 2163 of 2000, examining MUHAMMAD AKBAR's claim under the Punjab Pre-emption Act, 1991. The petitioner challenged the sale of land priced at Rs.15,00,000, asserting it was inflated beyond the actual value of Rs.85,000. The trial court initially accepted the higher amount, compelling the petitioner to deposit one-third of it. Upon appeal, the revisional court reinstated the inflated price without properly determining the true value of the property, neglecting essential legal provisions. The High Court criticized both lower courts for not adhering to the statute’s second proviso, which mandates assessing the probable value before enforcing financial obligations. Emphasizing the need for a fair valuation based on comprehensive evidence from both parties, the High Court annulled the previous orders. The case was remanded to determine an equitable property value and ensure the petitioner complies proportionally. This decision underscores the judiciary's role in upholding statutory laws, ensuring fair property valuations, and preventing judicial overreach. Key legal frameworks, including the Punjab Pre-emption Act and constitutional provisions Articles 199 and 203, were pivotal in guiding the court's directive. The ruling highlights the importance of meticulous judicial processes in property disputes, advocating for transparent and lawful adjudication to protect the rights of co-sharers and maintain legal integrity in land transactions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR, J
|
| Lawyers |
Malik Amjad Pervaiz,
Malik Noor Muhammad Awan
|
| Petitioners |
MUHAMMAD AKBAR
|
| Respondents |
MUHAMMAD MALIK and another
|
| Citations |
2005 SLD 1800,
2005 PLD 1
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991),
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
S. 24,
Art. 199,
Art. 203,
S. 115
|