| Case ID |
d1d6c72b-7158-4d64-b1cb-50b1b84f073b |
| Body |
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| Case Number |
Civil Petition No.1026 of 1984 |
| Decision Date |
Aug 09, 1988 |
| Hearing Date |
Aug 09, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the vendee's petition for leave to appeal in a pre-emption matter. The court determined that the pre-emptor, being a real brother of the vendor, has superior rights over the vendee, who is a real nephew. Based on the provisions of the Punjab Pre-emption Act, the court found that the order of succession favored the brother over the nephew, leading to the refusal of the petitioner's claim. The court ruled that the petition lacked substance and thus denied leave to appeal. |
| Summary |
This case revolves around the interpretation of the Punjab Pre-emption Act, particularly section 15, which deals with the rights of pre-emption concerning succession. The Supreme Court of Pakistan concluded that a real brother has superior rights over a real nephew in matters of pre-emption. The case highlights the hierarchy in familial relationships recognized under the law, emphasizing that the brother's claim prevails over that of the nephew in such disputes. The decision was made after careful consideration of the relevant legal provisions, underscoring the importance of understanding one's rights under the law. This case serves as a precedent in matters of pre-emption and succession in Pakistan, showcasing the judicial approach to interpreting familial rights. Keywords: Punjab Pre-emption Act, succession rights, pre-emption dispute, Supreme Court of Pakistan, legal precedent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
Ch. Hafeez Ahmad,
Ch. Mehdi Khan Mehtab
|
| Petitioners |
MUHAMMAD BASHIR
|
| Respondents |
BAGGA alias SARDAR KHAN
|
| Citations |
1989 SLD 1493,
1989 SCMR 1140
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act
|
| Sections |
15
|