| Case ID |
43e0b229-846b-4eab-b652-1f500c68a78c |
| Body |
View case body. Login to View |
| Case Number |
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| Decision Date |
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| Hearing Date |
Aug 09, 1981 |
| Decision |
The Supreme Court upheld the findings of the lower courts, affirming that the transaction in question was a sale and not an exchange. The court found no grounds for interference with the lower court's findings, as no misreading of evidence or violation of law principles was established. The argument presented by the defense that the sale was invalid due to regulations was dismissed, as the court determined that the transaction was indeed a sale, which was not disputed. The petition was therefore dismissed, confirming the lower court's judgment. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed the intricacies of property transactions under the Constitution of Pakistan and relevant land reform laws. The case centered around a dispute regarding the nature of a transaction—whether it was a sale or an exchange. The court meticulously analyzed the evidence presented by both parties and concluded that the lower courts had rightly interpreted the transaction as a sale. This decision reinforces the legal framework surrounding property rights and pre-emption under the Pakistani legal system. The ruling also highlights the importance of proper evidence appraisal and adherence to legal principles in determining the validity of property transactions. Legal practitioners should note the implications of this case for future pre-emption suits and the standards of evidence required to challenge lower court findings. This case is significant for understanding property law in Pakistan and the judicial approach to pre-emption rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
M. S. H. QURESHI
|
| Lawyers |
Rana Maqbnol Ahmad Ch. Hafeez Ahmad,
Kadri
|
| Petitioners |
BADLA
|
| Respondents |
ANOTHER,
KHUDA BAKHSH
|
| Citations |
1982 SLD 684,
1982 PLD 53
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| Other Citations |
P L D 1981 S C 51
|
| Laws Involved |
Constitution of Pakistan (1973),
Land Reforms Regulation, 1959,
Punjab Pre-emption Act (1 of 1913)
|
| Sections |
Art. 185(3),
Para. 25,
S. 4
|