MUHAMMAD ANWAR vs MUHAMMAD ASLAM Ss — 2021 SCMR 107 SUPREME-COURT

Case information

Citation: 2021 SCMR 107 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: MUHAMMAD ANWAR vs MUHAMMAD ASLAM Ss
Subject matter: Civil
Provisions referred to: S. 35; S. 6; Punjab Pre-emption Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ANWAR VS MUHAMMAD ASLAM Ss. 6(2), 13 & 35---Suit for pre-emption---Talbs, performance of---Mutation of sale qua subject property was attested on 14-2-1990; this was the interregnum period i.e. from 1-8-1986, to 28-3-1990 when no law of pre-emption was there and all such cases pending/instituted were to be decided in accordance with general Islamic law of pre-emption and on promulgation of the Punjab Pre-emption Act, 1991 ('Act of 1991') legal protection was given to such cases under S. 35 of the Act of 1991---Sale of subject property was effected on basis of a decree passed by civil court in a suit---Pre-emptor (petitioner) remained a party to the said suit and was fully aware of the sale transaction in favour of vendee (respondent)---Story narrated in the plaint by the pre-emptor regarding his knowledge was nothing but a fictitious one for the purpose of justifying his story of Talabs---Pre-emptor alleged that he approached the vendee himself with a witness for purposes of Talb-i¬-Ishhad but this was not established in accordance with law and in a similar attempt to prove Talb-i-Ishhad he allegedly sent a notice after about 3-1/2 months but that too had not been established according to law---Although some relaxations under Ss. 13 & 30 of the Act of 1991 were provided to such pre-emptors vide subsection (2) of S. 35 but there was no such relaxation in the provisions of subsection (2) of S. 6 of the Act of 1991---Courts below had rightly dismissed the suit for pre-emption---Petition for leave to appeal filed by pre-emptor was dismissed and leave was refused.

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