| Case ID |
426818c7-e562-4864-941a-ecac4e4a21ad |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 90 of 1983 |
| Decision Date |
May 03, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, affirming the concurrent findings of the lower courts regarding the pre-emption of the property in question. The court upheld that the property was originally built for residential purposes and was thus subject to pre-emption rights. The judgment highlighted that the learned Additional District Judge failed to address all issues raised by the petitioners, particularly concerning the existence of a custom of pre-emption in the locality. The court found that the evidence supported the established custom, justifying the lower courts' decisions. |
| Summary |
The case involves a civil petition for leave to appeal regarding a dispute over pre-emption rights in a property located in Mauza Khangarh, Tehsil and District Muzaffargarh. The petitioners purchased the property from Muhammad Ramzan, but the respondent, Muhammad Ismail, filed for possession based on pre-emption claims. The courts below ruled in favor of the respondent, establishing that the property was originally residential and thus pre-emptible. The Supreme Court upheld these findings, emphasizing the established custom of pre-emption in the locality. This case highlights the significance of local customs in property disputes and the judicial approach to concurrent findings across lower courts. Key legal principles regarding pre-emption and the interpretation of property use are central to the decision. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nasim Hasan Shah,
Mian Burhanuddin Khan
|
| Lawyers |
Ch. Muhammad Ashraj Wahlah,
M. A. Quraishi,
Ashraf Azeem,
Sh. Abdul Karim
|
| Petitioners |
Another,
Muhammad Yasin
|
| Respondents |
Muhammad Ismail
|
| Citations |
1983 SLD 162,
1983 SCMR 886
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1974)
|
| Sections |
Art. 185(3)
|