| Citation(s) |
|---|
| 2026 SLG 256 2026 SLD 256 = 2026 LHC 1077 |
Lahore High Court
C.R. No.76980 of 2024
Presented By: (Muhammad Sajid Mehmood Sethi) Judge
Date of hearing: 28.01.2026. Petitioners by: Mr. Tahir Munir Malik, Advocate.
Respondent by: Mr. Khurram Shahzad Baig, Advocate.
C.R. No.76980 of 2024
Presented By: (Muhammad Sajid Mehmood Sethi) Judge
Date of hearing: 28.01.2026. Petitioners by: Mr. Tahir Munir Malik, Advocate.
Respondent by: Mr. Khurram Shahzad Baig, Advocate.
Hassan Hafeez, etc.
VERSUS
Muhammad Ishtiaq
Law: Punjab Pre-emption Act, 1991
Section: 19(2)
Law: Code Of Civil Procedure, 1908.
Section: Order VII, Rule 11(d)
Summary
Facts:
- The respondent filed a suit for possession through pre-emption over part of a property. The trial court rejected the suit under Order VII, Rule 11(d) CPC, holding that the respondent attempted partial pre-emption, which is barred under Section 19(2) of the Punjab Pre-emption Act, 1991.
- The appellate court reversed this decision, allowing the suit, reasoning that the respondent claimed the entire pre-emptible portion of the property and had rights as co-owner/adjacent owner/participant.
Issue:
Whether a pre-emption suit challenging only part of a property transaction is maintainable under Section 19(2) of the Punjab Pre-emption Act, 1991, especially where the property is conveyed in multiple deeds and includes non-pre-emptible portions.
Court’s Findings: