Legal Case Summary

Case Details
Case ID 67d616e5-1111-4001-9589-6ec2323c7817
Body View case body.
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)