MUHAMMAD IQBAL vs NASRULLAH Ss — 2023 SCMR 273 SUPREME-COURT

Case information

Citation: 2023 SCMR 273 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUHAMMAD IQBAL vs NASRULLAH Ss
Subject matter: Criminal
Provisions referred to: Khyber Pakhtunkhwa 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 IQBAL VS NASRULLAH Ss. 2(d), 5(1) & 13(2)---Pre-emption suit, filing of---Suit filed by pre-emptor prematurely before completion of sale of property---Section 5 of the Khyber Pakhtunkhwa Pre-emption Act, 1987 clearly stated that "the right of pre-emption shall arise in case of sale" meaning thereby that when there was no sale i.e. conveyance of title from vendor to vendee, there would be no right of pre-emption---In the present case, perusal of the agreement to sell showed that it had expressly been stipulated therein that sale deed would be executed and the possession would be delivered to the appellants (vendees) after payment of outstanding balance out of total consideration---Admittedly agreement to sell between the parties had not been concluded at the time when the respondent (pre-emptor) had performed his first talab---On the date when the pre-emptor performed Talb-e-Muwathibat, the sale was not complete, therefore, the subsequent performance of Talb-e-lshhad and filing of suit for pre-emption was pre-mature---Argument of pre-emptor that once possession of pre-empted property was transferred, sale became complete even if the balance sale consideration had not been paid, did not hold ground as this did not create any right or title as per law---Appeal was allowed, impugned judgment of High Court was set-aside and judgments of lower fora dismissing the suit for possession through pre-emption were affirmed.

Other judgments reported in 2023 SCMR

2023 SCMR 102 SUPREME-COURTMalik TARIQ MAHMOOD VS PROVINCE OF PUNJAB S. 23(1)---Land acquisition---Matters to be considered by Court in determining compensation stated…
2023 SCMR 1928 SUPREME-COURTNOOR DIN (DECEASED) VS PERVAIZ AKHTAR S. 42---Mutation entries---Scope---Mutation entry confers no right in property as revenue record is ma…
2023 SCMR 1919 SUPREME-COURTJAMEEL QADIR VS GOVERNMENT OF BALOCHISTAN, LOCAL GOVERNMENT, RURAL DEVELOPMENT AND AGROVILLES DEPARTMENT, QUETTA Principles relating to juri…
2023 SCMR 960 SUPREME-COURTZAKIR MEHMOOD VS SECRETARY, MINISTRY OF DEFENCE (D.P), PAKISTAN SECRETARIAT, RAWALPINDI S. 5(2)---appeals filed before the Service Tribunal-…
2023 SCMR 960 SUPREME-COURTZAKIR MEHMOOD VS SECRETARY, MINISTRY OF DEFENCE (D.P), PAKISTAN SECRETARIAT, RAWALPINDI S. 5(2)---appeals filed before the Service Tribunal-…
2023 SCMR 1113 SUPREME-COURTSARDAR MUHAMMAD (DECEASED) VS TAJ MUHAMMAD (DECEASED) S. 13(3)---Suit for possession through pre-emption---Pre-requisite---Notice of 'Talb-i…

Back to the case-law library · Search Pakistani case law in Urdu or English