| Citation(s) |
|---|
| 2015 SLG 204 2015 SLD 204 2015 SCMR 874 |
Supreme Court of Pakistan
Civil Appeals Nos. 521 and 522 of 2008, decision dated: 11-03-2015. (Against the judgment dated 25-4-2008 of the Lahore High Court, Multan Bench passed in R.S.As. Nos. 118 of 1981 and 29 of 1982)
JAWWAD S. KHAWAJA, IJAZ AHMED CHAUDHRY AND MAQBOOL BAQAR, JJ
Syed Najmul Hassan Kazmi, Senior Advocate Supreme Court, Mian Muhammad Hanif, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellants Sardar Muhammad Aslam, Advocate Supreme Court, Ch. Muhammad Yaqoob Sindhu, Advocate Supreme Court, Ch
Civil Appeals Nos. 521 and 522 of 2008, decision dated: 11-03-2015. (Against the judgment dated 25-4-2008 of the Lahore High Court, Multan Bench passed in R.S.As. Nos. 118 of 1981 and 29 of 1982)
JAWWAD S. KHAWAJA, IJAZ AHMED CHAUDHRY AND MAQBOOL BAQAR, JJ
Syed Najmul Hassan Kazmi, Senior Advocate Supreme Court, Mian Muhammad Hanif, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellants Sardar Muhammad Aslam, Advocate Supreme Court, Ch. Muhammad Yaqoob Sindhu, Advocate Supreme Court, Ch
MUHAMMAD MAQBOOL through LRs and others
VS
Ch. NAZIR AHMED through LRs and others
Law: Punjab Pre-emption Act, 1913
Section: 15
Law: Displaced Persons (Land Settlement) Act, 1958
Section: 4
(a) Punjab Pre-emption Act (I of 1913) [since repealed]--- ----S. 15---Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 4---Pre-emption suit---Superior right of pre-emption on basis of ownership in the estate---Scope---Pre-emption suits filed by plaintiffs (purported pre-emptors) were decreed by the Trial Court in the ratio 50% in favour of each set of plaintiffs on the basis that they had superior right of pre-emption on basis of ownership in the estate---First Appellate Court reversed the findings of the Trial Court and proceeded to dismiss the suits---High Court set aside of First Appellate Court and restored the decree passed by the Trial Court---Contention of plaintiffs was that High Court had rightly decreed their suits as they had a superior right of pre-emption being owners in the estate while the vendees had no land in the estate---Validity---Plaintiffs based their claim of superior right of pre-emption on an alleged purchase of some property in the estate at a date earlier than the vendee---Said alleged purchase by plaintiffs was made from a person, who himself was not the full and absolute owner of the property, and was only granted certain rights in the land by the Settlement Department---Evidence on record, including the relevant mutations and jamabandis, showed that the person from whom the plaintiffs allegedly purchased the property in the estate was only a ta'iundar ---Government was the owner of such land and only those rights had been transferred to the said person which had come to vest in the Federal Government by operation of S. 4 of the Displaced Persons (Land Settlement) Act, 1958---Revenue record also showed that said person was not the owner of the land but only a cultivator---Superior right of pre-emption vested in that person under the Punjab Pre-emption Act, 1913 who was the owner in the estate and not a mere cultivator---To deprive the vendee-defendants of their right to property on the basis of the plaintiffs being owner in the estate, the minimum requirement of law would be for the plaintiffs to prove that they were vested with full title---Such requirement of proving full title was not fulfilled by the plaintiffs, as…
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