| Case ID |
d5e51f23-d8d3-40f2-b6ba-c59c037c74f0 |
| Body |
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| Case Number |
Civil Appeal No. 99 of 1969 |
| Decision Date |
Nov 07, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal in this case, setting aside the judgments of the lower courts and remanding the suit to the trial court for a decision on its merits. The court clarified that the sale of evacuee agricultural land by an allottee is pre-emptible under the provisions of the Punjab Pre-emption Act. It was determined that the previous judgments incorrectly upheld the view that the property continued to be evacuee property, which barred the maintainability of the pre-emption suit. This decision was based on the interpretation of relevant laws and previous case law, specifically the ruling in Suhan Muhammad v. Muhammad Siddiq. The court emphasized that rights conferred to confirmed allottees under the Displaced Persons (Land Settlement) Act are real property and thus pre-emptible. The court allowed the respondent to raise further inquiries regarding the nature of the vendor's rights in the remanded trial. |
| Summary |
In the landmark case of Civil Appeal No. 99 of 1969, the Supreme Court of Pakistan addressed the issue of pre-emption rights concerning the sale of evacuee agricultural land. The case arose from a suit filed by Fazal Muhammad, who contested the sale of land allotted to Koora under the Rehabilitation Settlement Scheme. The primary legal question was whether the sale was pre-emptible under the Punjab Pre-emption Act. The court's analysis centered around the definitions and rights associated with evacuee property, confirming that temporary allotments do not create rights that fall under pre-emption laws. However, it ruled that confirmed allottees possess real property rights, making their sales pre-emptible. This decision set a significant precedent in property law, reinforcing the legal understanding of pre-emption in the context of land ownership and the status of evacuee property. The ruling is relevant for legal practitioners and scholars focusing on property rights, land settlement issues, and the complexities of pre-emption laws in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI,
ANWARUL HAQ,
MUHAMMAD GUL
|
| Lawyers |
S. Munir Hussain Shah,
Ch. Muhammad Sardar Khan,
Syed Ali Raza,
Raja Abdul Razzaque
|
| Petitioners |
FAZAL MUHAMMAD
|
| Respondents |
TAJ
|
| Citations |
1974 SLD 142,
1974 SCMR 189
|
| Other Citations |
P L D 1973 S C 347
|
| Laws Involved |
Pakistan (Administration of Evacuee Property) Act (XII of 1957),
Displaced Persons (Land Settlement) Act (XLVII of 1958)
|
| Sections |
16,
6,
4(6)
|