| Case ID |
d8338f7c-43b8-4936-8667-da1404fcac16 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No.62-R of 1989 |
| Decision Date |
Feb 27, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the rule of sinker was applicable in the Punjab, thus affirming the High Court's decision to decree the suit for pre-emption against the vendee. The petitioners, who were the vendees, contended that the rule of sinker should not apply in Punjab. However, the court referenced previous judgments that established the applicability of this rule in the region. The High Court had adequately addressed the question of limitation concerning the filing of the revision and found that the High Court's decision was correct. Therefore, the leave to appeal was refused. |
| Summary |
This case explores the applicability of the rule of sinker in Punjab within the context of pre-emption suits. The Supreme Court emphasized the importance of established precedents, specifically citing Maula Bakhsh v. Muhammad Sharif and Muhammad Ismail's case, which confirmed that the rule applies in Punjab. The court's ruling highlights the significance of procedural compliance and the interpretation of legal principles involving land rights and pre-emption. The decision also affirms the High Court's handling of limitation issues under the Limitation Act, reinforcing the notion that pre-emptors can effectively contest revisions despite objections related to timing. This case serves as a crucial reference for future litigations involving pre-emption and the rule of sinker in similar jurisdictions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
RUSTAM S. SIDHWA, J
|
| Lawyers |
Not available
|
| Petitioners |
HUKAM DAD,
SAJAWAL KHAN
|
| Respondents |
Not available
|
| Citations |
1991 SLD 1361,
1991 SCMR 1777
|
| Other Citations |
Maula Bakhsh v. Muhammad Sharif PLD 1989 SC 278,
Muhammad Ismail and others v. Karamat Ali PLD 1989 SC 474,
Manager, Jammu and Kashmir State Property in Pakistan v. Khuda Yar PLD 1975 SC 678
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
15,
115,
14,
185(3),
173
|