| Case ID |
f6aa24dc-f11e-4ab8-931d-d15375929ca9 |
| Body |
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| Case Number |
Civil Appeal No. 274 of 1992 |
| Decision Date |
Mar 06, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal, affirming the High Court's decision that the suit for pre-emption was defective due to the omission of the share of Shamilat. The plaintiffs had failed to demonstrate that there was no Shamilat land in the village, which they were required to claim under the Punjab Pre-emption Act. The Court held that the right of pre-emption requires the pre-emptor to claim the whole subject matter of the sale, and the omission to sue for the share in Shamilat rendered the suit one for partial pre-emption, which is not permissible under the law. This decision reinforces the principle that a pre-emptor must take the whole bargain and cannot selectively pre-empt part of the property while paying the full price. |
| Summary |
This case revolves around the interpretation of the Punjab Pre-emption Act, 1913, particularly Section 15, concerning the rights of pre-emption. The Supreme Court of Pakistan dealt with an appeal arising from a suit for pre-emption filed by Mst. Bashiran and others against Abdul Ghani and others. The primary issue was whether the suit was for partial pre-emption due to the plaintiffs’ failure to include a share of Shamilat in their claim. The Court emphasized that the right of pre-emption is one of substitution, meaning the pre-emptor must seek to pre-empt the entire subject matter of the sale. The plaintiffs argued that they were prepared to pay the entire consideration for the land sold. However, the Court found that their omission to claim the share of Shamilat constituted a defect in the suit, rendering it invalid. The decision highlighted the necessity for pre-emptors to claim all relevant shares in a sale, thereby ensuring that the fundamental policy of the right of pre-emption is upheld. This ruling is significant for future cases involving pre-emption and property rights, as it clarifies the conditions under which partial pre-emption may be recognized and reinforces the requirement of claiming the entirety of the property sold. The judgment serves as a crucial reference for legal practitioners and individuals involved in property transactions in Pakistan, emphasizing the importance of comprehensive claims in pre-emption suits. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
ZIA MAHMOOD MIRZA
|
| Lawyers |
S.M. Masud, Advocate Supreme Court for Appellants,
Muhammad Zainul Abidin, Advocate Supreme Court for Respondent
|
| Petitioners |
7 others,
Mst. BASHIRAN
|
| Respondents |
4 others,
ABDUL GHANI
|
| Citations |
1995 SLD 436 = 1995 SCMR 1833
|
| Other Citations |
Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345,
Naeem ur Rehman and others v. Muhammad Anwar and others 1986 SCMR 1488,
Muhammad Anwar and 3 others v. Allah Bukhsh and another 1986 SCMR 1575
|
| Laws Involved |
Punjab Pre-emption Act, 1913,
Constitution of Pakistan, 1973
|
| Sections |
15,
185(3)
|