| Case ID |
ebd66603-556c-4af9-a080-e318993c00f5 |
| Body |
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| Case Number |
Civil Petition No.178 of 2001 |
| Decision Date |
Jun 21, 2005 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition challenging the judgment of the Lahore High Court, which had decreed the pre-emption suit in favor of the respondents. The Court found that the petitioners had lost their status as owners in the estate at the time of the trial court's decision, thus rendering them unable to defeat the pre-emption claim. The petitioners failed to demonstrate any misreading or non-reading of evidence that would warrant interference by the Supreme Court. Consequently, the petition was dismissed, and leave was refused. |
| Summary |
This case revolves around the application of the Punjab Pre-emption Act (IX of 1991) in a dispute over ownership rights in a pre-emption suit. The Supreme Court of Pakistan reviewed the proceedings and found that the petitioners, who had purchased the land via a registered sale-deed, were unable to substantiate their claim of ownership due to a prior pre-emption suit filed by Muhammad Ramzan. The Court upheld the decision of the Lahore High Court, which had ruled in favor of the respondents, allowing them to pre-empt the sale based on their superior rights. The ruling emphasizes the importance of maintaining ownership status in pre-emption claims and the necessity for petitioners to provide compelling evidence when contesting findings of lower courts. This case highlights critical aspects of property law, ownership rights, and the procedural intricacies of pre-emption suits in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KHALIL-UR-REHMAN RAMDAY,
MUHAMMAD NAWAZ ABBASI
|
| Lawyers |
Talib H. Rizvi, Senior Advocate Supreme Court,
C.M. Latif, Advocate-on-Record
|
| Petitioners |
KHUDA BUX,
8 others
|
| Respondents |
10 others,
SHAMIR
|
| Citations |
2008 SLD 1474,
2008 SCMR 647
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991),
Constitution of Pakistan (1973)
|
| Sections |
6,
13,
185(3)
|