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AMIR WAHEED SHAH vs AJMAL KHAN Ss — 2024 SCMR 105 SUPREME-COURT

Case information

Citation
2024 SCMR 105 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
AMIR WAHEED SHAH vs AJMAL KHAN 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

AMIR WAHEED SHAH VS AJMAL KHAN Ss. 2(d) & 13---Suit for possession through pre-emption---Sale---Scope---Transaction in the nature of a gift not a sale---Right of pre-emption arises when the sale of land occurs---Sale, as per the definition provided in section 2(d) of the Khyber Pakhtunkhwa Pre-emption Act, 1987, does not include a gift---In the present case, the land was first sold to "M", and before this sale could be pre-empted by the respondent (pre-emptor), it was further transferred to "M's" sons (present appellants) by way of gift mutation---Person is entitled to evade law of pre-emption by all lawful and legitimate devices, like gift, exchange etc.---So, in the given circumstances of the case, respondent (pre-emptor) could not ignore the gift mutation while making his demand---Appropriate course for him was to say, firstly, that the second transaction was a sale (dubbed as a gift), meant to defeat his right of pre-emption; and secondly, that he had made all the requirements of Talbs regarding the second transaction---On the contrary, a perusal of the contents of the plaint showed that neither any Talb was made to pre-empt the second transaction nor any notice of Talb-i-ishhad was sent to the present appellants, which was fatal for his case---Appeal was allowed, and order of Revisional Court, whereby it rejected the plaint of the respondent, was restored.

Other judgments reported in 2024 SCMR

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