Muhammad Saleem vs Additional District Judge, Gujranwala S — 2024 MLD 2013 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 MLD 2013 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: MLD
Parties: Muhammad Saleem vs Additional District Judge, Gujranwala S
Subject matter: Civil
Provisions referred to: S. 24---Z; S. 24; 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 Saleem VS Additional District Judge, Gujranwala S. 24---Zar-e-Soem (1/3rd of sale price)---Deposit in Court---Principle---Respondent / pre-emptor was aggrieved of order passed by Trial Court for depositing of Zar-e-Soemaccording to sale price mentioned in registered sale deeds---Lower Appellate Court in exercise of revisional jurisdiction set aside the order and remanded the matter to Trial Court for determining Zar-e-Soem afresh---Validity---Once suit for pre-emption was instituted and application was also filed for determining tentative price for the purpose of depositing Zar-e-Soem, inquiry/probe was to be made---Trial Court decided not to conduct inquiry / probe and passed direction to deposit Zar-e-Soem on the basis of amount recorded in sale deeds which were registered documents having presumption of truth attached to them unless the same were cancelled by competent authority---Stage of determination of probable value under proviso to S.24(1) of Punjab Pre-emption Act, 1991 had gone by and acted upon and even consent of petitioners/defendants could not rewind the clock and any determination while deciding relevant issues prior to establishment of right of pre-emption amounted to putting a cart before thehorse---High Court set aside the order passed by Lower Appellate Court and restored that of Trial Court---Constitutional petition was allowed, in circumstances.

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