| Citation(s) |
|---|
| 1999 SLG 405 1999 SLD 405 1999 SCMR 1808 |
Supreme Court of Pakistan
Civil Appeal No. 646 of 1994 and Civil Petition No. 1159 of 1998, decision dated: 31st May, 1999, hearing DATE : 13-05-1999
IRSHAD HASAN KHAN, RAJA AFRASIAB KHAN AND WAJIHUDDIN AHMED, JJ
Sharriim Abbas Bokhari, Advocate Supreme Court and S. Abul Aasim Jafri, Adv6cate-on-Record (absent) for Appellants (in C.A. No. 646 of 1994). Zahid Hussain Khan, Advocate Supreme Court for
Respondents (in C.A. No. 646 of 1994). Muhammad Ikrarn Chaudhry, A
Civil Appeal No. 646 of 1994 and Civil Petition No. 1159 of 1998, decision dated: 31st May, 1999, hearing DATE : 13-05-1999
IRSHAD HASAN KHAN, RAJA AFRASIAB KHAN AND WAJIHUDDIN AHMED, JJ
Sharriim Abbas Bokhari, Advocate Supreme Court and S. Abul Aasim Jafri, Adv6cate-on-Record (absent) for Appellants (in C.A. No. 646 of 1994). Zahid Hussain Khan, Advocate Supreme Court for
Respondents (in C.A. No. 646 of 1994). Muhammad Ikrarn Chaudhry, A
Civil Appeal No. 646 of 1994 KHUDA YAR through Legal Heirs and 10 others
VS
GHULAM MUHAMMAD and another Civil No. 1159 of 1998 MIAN MUHAMMAD vs Syed NOOR BADSHAH through Nazahar Raza and others
Law:
Section:
(a) Punjab Pre-emption Act (IX of 1991)--S. 15 --- Constitution of Pakistan (1973), Art. 185(3) --- Claim of superior right_ of pre-emption by successors of pre-emptor (brother of vendor) as a result of succession---Leave to appeal was granted by Supreme Court to consider as to whether it signified anything that the successors of pre-emptor were not asserting any right of their own but, as a result of succession, were pursuing that of preemptor as a superior pre-emptor and there was no authoritative pronouncement of Supreme Court on the point. (b) Punjab Pre-emption Act (IX of 1991)-- ---- Ss. 5 & 15 --- Rights of inheritance in a pre-emption suit --- Waiver --- Element of waiver does not enter the situation where rights of inheritance in a preemption suit are invoked. The element of wavier does not enter the equation where rights of inheritance in a pre-emption suit are invoked. This is correct for the simple reason that the heir (s) concerned may have waived their right (s) to pre-empt in their individual and personal capacities but not as heir (s) of the pre-emptor and that, in such cases, it is the rights of the pre-emptor, which would be pre-objected to be pursued and nor those, which the heir (s) enjoyed or did not enjoy before the succession opened . Allah Dad v. Hukarn Dad PLD 1960 Lah. 900 and Muhammad v Ghulani Ali PLD 1975 Lah. 1205 ref. (c) Punjab Pre-emption Act (IX of 1991)-- ---- Ss. 5 & 16 --- Right of inheritance in a pre-emption suit --- Heirs of pre-emptor would be pursuing the right of pre-emption of pre-emptor on his demise --- Preemptor alone should have a better right than the vendee and previous rights of heirs of pre-emptor would be inconsequential. (d) Punjab Pre-emption Act (IX of 1990- ---- Ss. 5 & 16---Right of inheritance in a pre-emption suit --- Pre-emption rights based on ownership of property and their passing with the property to the heirs were to remain undisturbed. Mst. Zainab Khatoon and others v. Tahir Mehmood and others Civil Review Petition No. 43 of 1991 in Civil Appeal No. 378 of 1988 ref. (e) Punjab Pre-emption Act (IX of 1991)--- ---- Ss. 5 & 16 --- Right of inheritance in a pre-emption suit---If…
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