| Case ID |
f5fb77de-94f3-41cf-baf6-6498bc5fcee8 |
| Body |
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| Case Number |
Writ Petitions Nos. 1405 to 1408 of 1983 |
| Decision Date |
Feb 16, 2000 |
| Hearing Date |
Feb 16, 2000 |
| Decision |
The judgment ruled in favor of the petitioners, establishing their superior right of pre-emption concerning the land in question. It was determined that the petitioners, as tenants, had the first right of pre-emption due to their continuous possession of the land since the sale. The initial dismissal of their suit by the Collector was overturned, and the case was remanded to the Additional Commissioner for further proceedings to determine the specifics of tenancy and the price of the land. The petitioners were directed to deposit the sale price as determined by the Additional Commissioner. |
| Summary |
This case revolves around the interpretation and application of the Punjab Pre-emption Act and the rights of tenants concerning land sales. The Lahore High Court heard Writ Petitions Nos. 1405 to 1408 of 1983, where the petitioners sought to establish their right of pre-emption against the sale of certain land. The court found that the petitioners, despite being co-tenants, had maintained their status as tenants and thus were entitled to pre-empt the sale. The decision reinforced the principle that tenants have a superior right to pre-emption under the law, particularly when they have not been ejected from the property. This case highlights the importance of tenant rights in property transactions and the legal mechanisms available for asserting those rights. The ruling emphasizes the courts' role in ensuring that legal precedents regarding tenant rights are upheld, especially in the context of agricultural land and its ownership. The implications of this decision are significant for both landlords and tenants, as it clarifies the conditions under which pre-emption can be claimed. The court's decision also underscores the need for clarity in the interpretation of tenancy rights and the legal frameworks governing land ownership in Punjab, Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKHTAR SHABBIR, J
|
| Lawyers |
Mirza Manzoor Ahmad,
Sajjad Hussain
|
| Petitioners |
Muhammad Nawaz,
NASEER AHMAD,
Muhammad Ayub,
Nur Khan
|
| Respondents |
3 others,
MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE
|
| Citations |
2000 SLD 1984,
2000 CLC 1348
|
| Other Citations |
Fateh Khan v. Abdul Rehman 1983 SCMR 293,
Noor Muhatnmad v. Member, Board of Revenue and 3 others 1985 CLC 571,
Muhammad Bakhsh v. Shahid Abbas 1997 MLD 2602,
Khuda Bakhsh v. Mehdi Hassan PLD 1989 Lah. 78,
Government of N.-W.F.P. v. Malik Said Kamal PLD 1986 SC 360,
Salhoon v. Nazir Ahmed 1996 MLD 1922,
Muhammad Akbar and others v. Sher Muhammad and others 1995 MLD 505,
Muhammad Sharif, Member (Judicial II), Board of Revenue, Punjab, Lahore and others 1998 SCMR 488,
Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287,
Bahadur Khan v. Muhammad Yousaf and another 1992 SCMR 2117
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Land Reforms Regulation, 1972 (M.L.R. 115)
|
| Sections |
15,
21,
25
|