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MUHAMMAD RIAZ vs MUHAMMAD RAMZAN Ss — 2023 SCMR 1305 SUPREME-COURT

Case information

Citation
2023 SCMR 1305 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
SCMR
Parties
MUHAMMAD RIAZ vs MUHAMMAD RAMZAN Ss
Subject matter
Civil

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 RIAZ VS MUHAMMAD RAMZAN Ss. 5 & 6(1)--- Suit for possession through pre-emption---Pre-emption, decree for---Scope---No partial decree is possible in a pre-emption suit as the right of pre-emption is one of substitution, even in the case of pre-emption under statute law, unless the statute itself has made a departure in this regard to any extent---From the doctrine that the right of pre-emption is one of substitution it follows that, unless the statute conferring the right of pre-emption otherwise provides, the pre-emptor must take over the whole bargain, that is to say, the pre-emptor must seek pre-emption of the whole of the subject-matter of the sale and pay the entire price paid by the vendee as consideration---This, however, is subject to certain limitations which, at any rate, do not include the vendor's defective or want of title---Pre-emptor is not bound to seek pre-emption of the whole of the property sold and pay the full sale price if his right of pre-emption extends over only a portion of the property sold or if a portion of the property is capable of pre-emption and the other is not---In case of any such limitation, partial pre-emption on payment of proportionate price may be permitted as of necessity and not because the pre-emptor wants it.

Other judgments reported in 2023 SCMR

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