MUHAMMAD SAGHEER vs FAZAL KARIM Ss — 2022 YLRN 23 ISLAMABAD

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MUHAMMAD SAGHEER VS FAZAL KARIM Ss. 6 & 13---Civil Procedure Code (V of 1908), S. 115---Suit for possession through pre-emption--- Talbs---Shafi Jar---Proof---Petitioner/ pre-emptor filed suit on the plea that he was owner of adjacent land---Trial Court and Lower Appellate Court concurrently dismissed suit and appeal filed by petitioner/pre-emptor---Validity---Right of pre-emption is considered to be a special right granted to pre-emptor whereby he exercises his preferential right of acquiring property against established right of vendee accrued on the basis of lawful purchase of property---Provisions of S.13 of Punjab Pre-emption Act, 1991 are of special character and mandate are required to be strictly interpreted with regard to compliance of stepwise procedural requirements starting from Talb-i-Muwathibat by announcing immediate demand and soon thereafter Talb-i-Ishhad by sending notice for exercising right of pre-emption---Necessary pre-conditions have been provided in S. 13 of Punjab Pre-emption Act, 1991, for imploring and enforcing superior right over immovable property---Obligatory on pre-emptor to discharge onus of performance of first and second Talb in accordance with prescribed procedure of S. 13 of Punjab Pre-emption Act, 1991---Petitioner/pre-emptor was not proved to be owner of any adjacent land nor he was co-owner of suit property in the year, when sale of suit land took place---Petitioner/pre-emptor had no right to purchase suit property through right of pre-emption which was sold to respondents/ defendants---Revision was dismissed, in circumstances.

MUHAMMAD SAGHEER vs FAZAL KARIM Ss — 2022 YLRN 23 ISLAMABAD

Case information

Judgment text as reported