| Case ID |
5e7eb4a2-e650-4e46-8b40-7d64181bf9c4 |
| Body |
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| Case Number |
C.R. No. 58212 of 2021 |
| Decision Date |
May 22, 2024 |
| Hearing Date |
May 22, 2024 |
| Decision |
The civil revision filed by the petitioner, Muhammad Arshad, was dismissed by the Lahore High Court. The court upheld the appellate court's decision which had overturned the trial court's ruling in favor of the petitioner. The appellate court found that the trial court failed to appreciate the legal and factual aspects of the case, specifically regarding the pre-emption claim and the nature of the transaction involving the property. The court noted that the petitioner could not substantiate his claims with credible evidence. Additionally, the court emphasized that the principle of lis pendens does not apply to cases where a pre-emption suit is already in progress. The ruling reaffirmed the importance of adhering to established legal precedents in similar cases. |
| Summary |
In the case of Muhammad Arshad vs. Muhammad Ilyas Naveed, the Lahore High Court dealt with issues related to pre-emption under the Punjab Pre-emption Act and specific relief under the Specific Relief Act. The petitioner, Muhammad Arshad, claimed a right to pre-empt the sale of land he alleged had been disguised as a gift by his maternal aunt, Mst. Fazeelat Bibi, to the respondents. The appellate court found inconsistencies and lack of credible evidence in the petitioner's assertions. The ruling highlighted the legal principles governing pre-emption claims and reiterated that gifts cannot be pre-empted as they do not fall within the definition of a sale. This case underscores the importance of presenting trustworthy evidence in property disputes and clarifies the application of lis pendens in pre-emption cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Ch. Muhammad Iqbal, J.
|
| Lawyers |
Ch. Akbar Ali Shad,
Ch. Muhammad Imran Bhatti
|
| Petitioners |
MUHAMMAD ARSHAD
|
| Respondents |
MUHAMMAD ILYAS NAVEED
|
| Citations |
2024 SLD 4054,
2024 PLJ 139
|
| Other Citations |
2014 SCMR 1217,
PLJ 2021 SC 492,
2008 SCMR 398,
2023 SCMR 815,
2019 SCMR 648,
1970 SCMR 763,
2024 SCMR 105
|
| Laws Involved |
Specific Relief Act, 1877,
Punjab Pre-emption Act, 1991
|
| Sections |
9,
13
|