| Citation(s) |
|---|
| 1989 SLG 327 1989 SLD 327 1989 SCMR 69 1989 SLD 881 1989 SCMR 69 |
Supreme Court of Pakistan
Civil Appeals Nos. 80 and 81 of 1980, decision dated: 8-10-1988
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, JAVID LQHAL, USMAN ALI SHAH AND NAEEMUDDIN, JJ
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Civil Appeals Nos. 80 and 81 of 1980, decision dated: 8-10-1988
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, JAVID LQHAL, USMAN ALI SHAH AND NAEEMUDDIN, JJ
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MUHAMMAD YOUNAS
VS
KHUSHAL
Law:
Section:
Pre-emption--Right of--Improvement of right of pre-emption by inheritance after the date of sale--Whether the right to pre-empt is heritable--Pre-emptor who had no right on the date of sale cannot improve his right after the sale, by inheritance as the cause of action had already come into existence and subsequent qualification by inheritance could not vest him with superior status after the accrual of cause of action, the right of pre-emption not being heritable. Also Azizur Rehman and others v. Muhammad Nawaz PLD 1988 S C 384 fol. M. Afzal Siddiqi, Advocate-on-Record for Appellant (in both appeals). Ch. Akhtar Ali, Advocate-on-Record for Respondent. Date of hearing: 8th October, 1988. ORDER MUHAMMAD HALEEM, C. J.--The point for consideration in both the appeals is whether the appellant who did not possess the superior right of preemption at the time of sales but subsequently acquired this right by inheritance, could avail of…
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