| Case ID |
419399bb-b101-41e1-8510-bb5c73d39feb |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 32 of 1990 |
| Decision Date |
Jan 30, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's plea for leave to appeal against the Lahore High Court's revisional order which set aside the decree in favor of the petitioner. The court upheld the High Court's findings that the four Pattis of the village did not qualify as distinct sub-divisions under Section 15(c) of the Punjab Pre-emption Act. The ruling emphasized the necessity for homogeneity of descent and area among landowners within a Patti, rejecting the petitioner's argument that the suit land was located in a Patti where he owned land, while the respondent held land in a different Patti. The Supreme Court confirmed that the High Court's decision was consistent with previous rulings, thereby refusing to interfere with the established trend of authority on this matter. |
| Summary |
In the case of Civil Petition No. 32 of 1990, the Supreme Court of Pakistan addressed the complexities surrounding the Punjab Pre-emption Act, particularly Section 15(c). The court examined the criteria for determining distinct sub-divisions within a village, focusing on the necessity for homogeneity among landowners. The petitioners argued that their ownership in Patti Yousaf granted them a preferential right to pre-empt the sale of land, which was contested by the respondents. The High Court's ruling, which was upheld by the Supreme Court, clarified that the Pattis in question were primarily fiscal divisions rather than distinct social or ethnic ones, thus denying the petitioners' claim. This case references key precedents, including Wazir Din v. Hidayat and Yaqoob Ali v. Ch. Muhammad Sultan, reinforcing the court's position on the interpretation of pre-emption rights under the Punjab Pre-emption Act. The decision reflects the ongoing legal discourse on property rights and pre-emption in Pakistan, highlighting the importance of established legal precedents and the need for clarity in property law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
S. USMAN ALI SHAH,
ABDUL SHAKURUL SALAM
|
| Lawyers |
Sh. Abdur Rasheed, Senior Advocate Supreme Court,
Tanveer Ahmad, Advocate-on-Record
|
| Petitioners |
others,
MUHAMMAD TUFAIL
|
| Respondents |
others,
MUHAMMAD IKHTIAR KHAN
|
| Citations |
1990 SLD 911,
1990 SCMR 1034
|
| Other Citations |
Wazir Din v. Hidayat 1973 S C M R 254,
Yaqoob Ali v. Ch. Muhammad Sultan 1988 S C M R 999
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Constitution of Pakistan (1973)
|
| Sections |
15(c),
185(3)
|