| Case ID |
4637ca12-4856-4305-894e-0959ecbc89fa |
| Body |
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| Case Number |
Civil Petition No. 59 of 1984 |
| Decision Date |
Feb 10, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused leave to appeal regarding the concurrent judgments of the lower courts, which upheld the existence of a custom of pre-emption in the locality where the property was situated. The petitioners, who were the vendee defendants, contested the findings of the courts below, arguing that there was an error of law regarding the judgment of a civil court from 1972 and the location of the property in dispute. The Court concluded that the arguments presented lacked merit and affirmed the findings of fact established by the lower courts, as no material was provided to establish their incorrectness. The petition was dismissed, and the learned counsel's request regarding the deposit made in the executing court was referred back for determination by that court. |
| Summary |
In the case of Civil Petition No. 59 of 1984, the Supreme Court of Pakistan addressed issues related to pre-emption rights under the Punjab Pre-emption Act of 1913. The petitioners, who were the defendants in a previous case, sought to overturn the decision of the Lahore High Court that dismissed their second appeal concerning the pre-emption of a house. The core of the dispute revolved around the existence of a customary right of pre-emption in the locality, which was upheld by both the trial and appellate courts. The Supreme Court found that the arguments presented by the petitioners did not demonstrate any legal error in the findings of fact established by the lower courts, leading to the dismissal of the petition. This case highlights the importance of established customs and practices in property law, particularly regarding pre-emption rights, and reinforces the courts' authority to uphold factual determinations in the absence of compelling evidence to the contrary. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
SHAFIUR RAHMAN
|
| Lawyers |
learned counsel for the petitioners
|
| Petitioners |
others,
MUJAHID HUSSAIN
|
| Respondents |
MUHAMMAD AHSAN
|
| Citations |
1985 SLD 568,
1985 SCMR 691
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
S.100
|