| Case ID |
67d616e5-1111-4001-9589-6ec2323c7817 |
| Body |
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| Case Number |
Civil Petition No.573 of 1995 |
| Decision Date |
Mar 26, 1996 |
| Hearing Date |
Mar 26, 1996 |
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's leave to appeal against the dismissal of his writ petition by a learned Judge in chambers. The petitioner, Muhammad Sharif, had sought pre-emption rights over agricultural land but failed to establish his claim of tenancy and possession at the relevant times. The Court ruled that the petitioner did not produce essential Khasra Girdawari documents to substantiate his claim of being a tenant, which was crucial for his pre-emption rights. The decision of the Board of Revenue and the High Court was upheld, leading to the dismissal of the petition. |
| Summary |
In the case of Civil Petition No.573 of 1995, the Supreme Court of Pakistan addressed a dispute regarding pre-emption rights over agricultural land. The petitioner, Muhammad Sharif, claimed pre-emption based on his status as a tenant of the land in question. However, the Court found that he failed to provide necessary evidence to support his claim, specifically the Khasra Girdawari documents that would have established his tenancy at critical times. The Court emphasized the importance of demonstrating a superior right of pre-emption at the time of the sale, during the filing of the suit, and at the decree stage. As a result, the petitioner's claims were rejected, and the decisions of the lower courts were upheld. This case reinforces the legal principles surrounding pre-emption in Pakistan, highlighting the necessity for petitioners to produce credible evidence to substantiate their claims. Keywords: pre-emption rights, agricultural land, tenancy, Supreme Court of Pakistan, legal principles, Khasra Girdawari. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
FAZAL KARIM
|
| Lawyers |
Altaf Elahi Sheikh, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
MUHAMMAD SHARIF
|
| Respondents |
MEMBER (JUDICIALII), BOARD OF REVENUE, PUNJAB and others
|
| Citations |
1998 SLD 1313,
1998 SCMR 488
|
| Other Citations |
Not available
|
| Laws Involved |
Land Reforms Regulation, 1972,
Constitution of Pakistan, 1973
|
| Sections |
Para. 25,
Art. 185(3)
|