| Citation(s) |
|---|
| 2007 SLG 3404 2007 SLD 3404 2007 PLJ 903 |
Supreme Court of Pakistan
Civil Appeal No. 1229 of 2001, decided on 19.9.2006.
SARDAR MUHAMMAD RAZA KHAN & GHULAM RABBANI, JJ.
Kh. Muhammad Farooq, ASC for Appellant. Mr. Muhammad Munir Peracha, ASC for
Respondent.
Civil Appeal No. 1229 of 2001, decided on 19.9.2006.
SARDAR MUHAMMAD RAZA KHAN & GHULAM RABBANI, JJ.
Kh. Muhammad Farooq, ASC for Appellant. Mr. Muhammad Munir Peracha, ASC for
Respondent.
MUHAMMAD ISHAQ--Appellant
VS
MUHAMMAD SADIQ--Respondent
Law:
Section:
(i) Punjab Pre-emption Act, 1991 (IX of 1991)-- ----S. 4--N.W.F.P. Pre-emption Act (XIV of 1950), Ss. 4 & 6--Constitution of Pakistan, 1973, Art. 185(3)--Question of--Heritability of right of pre-emption--Whether principle of law and facts--Questions are inter-linked and would be dealt together--Para materia--Superior right--Pre-emptor must show that he had a superior right to pre-empt which he had at the date of sale which continued to remain superior at all relevant times, otherwise suit must fail--Right to acquire a property by right of pre-emption arises on the date of sale--Pre-emptor, now the respondent lacked the necessary qualification on the date of sale and that subsequent qualification by inheritance could not vest him with superior status after the accrual--Original pre-emptor, could not establish his subsisting title on the date of decree--Held: Respondent had no right on the date of sale and thereafter to pre-empt the same by inhertance--Respondent could not improve his qualifications to have such right, if any, enforced after the sale, accordingly--Appeal allowed. [Pp. 906, 908 & 909] A, B, D & H NWFP Pe-emption Act, 1991 (IX of 1991)-- ----S. 6--It was not possible to do so beyond the text of the Pre-emption Act. [P. 907] C Civil Procedure Code, 1908 (V of 1908)-- ----O.XXII, R. 3--Original pre-emptor--Question of--Whether the suit would not abate on the death of original pre-emptor in light of provision of O.XXII C.P.C.--Object of--Representative of a deceased plaintiff is merely is to continue the suit and consider the rights and disabilities of original party on whose death substitution takes place. [P. 909] E Words and Phrases-- ----Word--"Heritable"--Defined in Concise Oxford Dictionary (Ninth Edition of 1995 edited by Della Thompson. [P. 909] F Words and Phrases-- ----Word--(Capable of inheriting) also in. [P. 909] G Black's Law Dictionary (Eighth Edition by Bryan A. Garner). Order Ghulam Rabbani, J.--This Civil Appeal with leave of this Court is directed against the judgement dated 4.10.1999 passed by a single Judge of Lahore High Court, Lahore dismissing Regular Second Appeal No.2/1979 filed by him. 2. Relevant facts are that…
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