| Case ID |
ff6bb592-e8e1-4b94-8037-b920a4f26f95 |
| Body |
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| Case Number |
Civil Revision No. 1330 of 2015 |
| Decision Date |
Jun 07, 2021 |
| Hearing Date |
Jun 07, 2021 |
| Decision |
In the Civil Revision No. 1330 of 2015, the Lahore High Court rendered a decisive judgment on June 7, 2021, presided over by Justice CH. Muhammad Masood Jahangir. The case revolved around the application of the Punjab Pre-emption Act, 1991, specifically sections 6 and 7, concerning the superior or preferential right of pre-emption. The respondent, MALIK MUHAMMAD ANSAR, sought to exercise his right of pre-emption over the sale of property owned by the petitioners, GHAZANFAR ALI AND OTHErs. However, the court examined the contiguity and ownership aspects meticulously. It was determined that the respondent only possessed a meager share in three contiguous khasras adjacent to the pre-emptive property, which was insufficient to establish a superior right of pre-emption independently. Furthermore, the respondent failed to demonstrate that all co-sharers had joined him in asserting their preferential rights, a necessary condition for a successful pre-emption claim. The court referenced several precedents, including Allah Ditta v. Ali Muhammad and Iftikhar Mehmood v. Abdul Latif, to substantiate its findings. Ultimately, the court reversed the lower fora's unanimous decrees, set aside the impugned decrees, and dismissed the suit instituted by the respondent. This landmark judgment underscores the stringent requirements for establishing pre-emptive rights under the Punjab Pre-emption Act, emphasizing the necessity of comprehensive ownership and collective assertion of rights among co-sharers. |
| Summary |
In the landmark case of Civil Revision No. 1330 of 2015, heard on June 7, 2021, the Lahore High Court delivered a pivotal judgment addressing the intricate provisions of the Punjab Pre-emption Act, 1991. Presided over by Justice CH. Muhammad Masood Jahangir, the case centered on the respondent, MALIK MUHAMMAD ANSAR's attempt to exercise his superior right of pre-emption over a property sale involving the petitioners, GHAZANFAR ALI AND OTHErs. The crux of the dispute lay in the respondent's claim based on being both Shafi Khalit and Shafi Jar, asserting preferential rights due to partial adjacency and ownership interests in adjoining land.
The court meticulously analyzed the application of sections 6 and 7 of the Punjab Pre-emption Act, emphasizing the necessity for contiguity and full ownership to establish a valid pre-emptive claim. Key considerations included the respondent's partial share in three khasras adjacent to the pre-emptive property, which the court deemed insufficient for asserting a superior right without the collective support of all co-sharers. The judgment referenced significant precedents such as Allah Ditta v. Ali Muhammad and Iftikhar Mehmood v. Abdul Latif to reinforce the legal stance on pre-emption requirements.
Furthermore, the court addressed procedural aspects under the Civil Procedure Code, highlighting the high court's revisional jurisdiction in cases of misapplication of law or misreading of evidence by lower courts. The unanimous findings of the lower fora were scrutinized, leading to their reversal due to evident legal misinterpretations.
This decision underscores the stringent criteria for establishing pre-emptive rights, particularly the importance of complete contiguity and unified assertion among co-sharers. It serves as a crucial reference for future cases involving pre-emption, property law, and the application of statutory rights under the Punjab Pre-emption Act. Legal professionals and stakeholders in real estate and property law can derive significant insights from this judgment, particularly in understanding the balance between individual claims and collective ownership rights. The case also illustrates the judiciary's role in upholding legal standards and ensuring fair adjudication in property disputes, making it a cornerstone for legal discourse in the realm of pre-emption and property rights in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Muhammad Ishaq,
Humayun Iqbal,
Tariq Ahmad,
Nazim-ud-Din,
Sheikh Zia-ul-Qamar
|
| Judges |
CH. Muhammad Masood Jahangir, Justice
|
| Lawyers |
Arshad Malik Awan, ASC,
Irfan Salamat Ali Bajwa
|
| Petitioners |
GHAZANFAR ALI AND OTHErs
|
| Respondents |
MALIK MUHAMMAD ANSAR
|
| Citations |
2022 SLD 448,
2022 YLR 390
|
| Other Citations |
Allah Ditta v. Ali Muhammad PLD 2016 SC 73,
Iftikharuddin v. Jamshed K. A. Karker and 11 others PLD 1995 Kar. 608,
Iftikhar Mehmood v. Abdul Latif and others 2009 CLC 462,
Mst. Gul Rangeena v. Khushal Khan 1999 CLC 831,
Muhammad Iqbal v. Muhammad Gul 2010 CLC 1035,
Muhammad Ayub v. Hazrat Mansha 2006 MLD 1001,
Nazim-ud-Din and others v. Sheikh Zia-ul-Qamar and others 2016 SCMR 24,
Nasir Abbas v. Manzoor Haider Shah PLD 1989 SC 568,
Muhammad Nawaz alias Nawaza v. Member Judicial BoR and others 2014 SCMR 914
|
| Laws Involved |
Punjab Pre-emption Act, 1991
|
| Sections |
6,
7
|