Case Details

Citation(s)
1989 SLG 1493 1989 SLD 1493 1989 SCMR 1140
Supreme Court of Pakistan
Civil Petition No.1026 of 1984, decision dated: 9-08-1988.
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ

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MUHAMMAD BASHIR

VS

BAGGA alias SARDAR KHAN

Law:

Section:

Punjab Pre-emption Act (I of 1913)--S.15--Succession--Superior right of pre-emption--Real brother (pre-emptor) is higher in order of succession than a real nephew (vendee); and case had to be decided under the relevant provisions of the Act conferring right of pre-emption "in the order of succession"--Nephew being lower than the brother, his claim could not succeed. Ch. Hafeez Ahmad, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 9th August, 1988. ORDER MUHAMMAD AFZAL ZULLAH, J.--This is a vendee's petition for leave to appeal in a pre-emption matter. The dispute now left to be resolved is whether the pre-emptor (a real brother of the vendor) has superior right of pre-emption as compared to the petitioner/vendee (a real…
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