| Case ID |
edb45b63-c844-4c0e-977f-5f37cee61476 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.21-R of 1989 |
| Decision Date |
Apr 09, 1989 |
| Hearing Date |
Apr 09, 1989 |
| Decision |
The Supreme Court granted leave to appeal to the vendee/defendant side in a pre-emption suit following the dismissal of their Civil Revision by the High Court. The case involves a property situated in a Mohallah of Multan City, with the central question being whether the right of pre-emption was available to the plaintiff in relation to the Mohallah. The court noted that leave to appeal had already been granted in a related case, Mst. Khurshid Bibi v. Allah Ditta, and both appeals would be heard together. The court ordered the parties to file any additional documents necessary for the appeal's resolution, with a security amount set at Rs.5,000. |
| Summary |
This case revolves around the right of pre-emption under the Punjab Pre-emption Act and its application in the context of the Constitution of Pakistan, 1973. The Supreme Court of Pakistan addressed the issue of whether the plaintiff had the right to pre-emption regarding a house situated in a specific Mohallah of Multan City. The court's decision to grant leave to appeal was influenced by a related case where leave was already granted, highlighting the importance of consistency in legal rulings. The case underscores the principles of property rights and pre-emption laws in Pakistan, which are crucial for ensuring fair transactions in real estate. Legal practitioners and scholars should take note of the evolving interpretations of these laws, especially in light of related precedents. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
Ghulam Dastgir, Advocate-on-Record for Petitioners,
M.Kowkab Iqbal, Advocate-on-Record for Respondent No.1,
Nemo for the Remaining Respondents
|
| Petitioners |
Mst. SAKINA MAI through her mother and 3 others
|
| Respondents |
Malik ZAHOOR HUSSAIN and 2 others
|
| Citations |
1989 SLD 1488,
1989 SCMR 1134
|
| Other Citations |
Mst. Khurshid Bibi v. Allah Ditta 1985 S C M R 1097
|
| Laws Involved |
Constitution of Pakistan, 1973,
Punjab Pre-emption Act (I of 1913)
|
| Sections |
185(3),
16
|