HASHAM KHAN (DECEASED) vs WAHEED AHMED S — 2024 SCMR 353 SUPREME-COURT

Case information

Citation: 2024 SCMR 353 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: HASHAM KHAN (DECEASED) vs WAHEED AHMED S
Subject matter: Civil
Provisions referred to: S. 6

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

HASHAM KHAN (DECEASED) VS WAHEED AHMED S. 6(1)(a)---Right of pre-emption---Shafi Sharik (co-owner in suit land)---Proof---Plaintiff/pre-emptor/respondent was required to prove through documentary evidence his right of pre-emption upon the land sold in favour of the appellant/vendee/defendant---Admittedly, in column of ownership in Register Haqdaran Zameen the name of the respondent/plaintiff was mentioned in Khana Kafiyat and not in owner column in the khata wherefrom the property pre-empted was sold---Copy of Jamabandi produced for the relevant year did not contain the name of the plaintiff as co-owner in the Khata---Hence, the respondent had failed to prove his right of pre-emption on the basis of co-ownership against the appellants---Appeals were allowed and suit for possession through pre-emption filed by the plaintiff/respondent stood dismissed.

Other judgments reported in 2024 SCMR

2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State S. 497(2)---Penal Code (XLV of 1860), 302, 34, 118, 120-B, 109 & 506---Constitution of Pakistan, Art. 185(3)---Murder…
2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State S. 497---Constitution of Pakistan, Art. 185(3)---Bail---Benefit of doubt---Benefit of doubt can even be extended at b…
2024 SCMR 2034 SUPREME-COURTFAROOQ AHMED VS SECRETARY, BALOCHISTAN PROVINCIAL ASSEMBLY, QUETTA R. 1(n)---Balochistan Civil Servants Act (IX of 1974), S. 2(1)(b)---Emplo…
2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State Ss. 497(2) & 156---Penal Code (XLV of 1860), 302, 34, 118, 120-B, 109 & 506--- Constitution of Pakistan, Art. 185(3)-…
2024 SCMR 181 SUPREME-COURTJUNAID WAZIR VS SUPERINTENDENT OF POLICE, PRU/ DOLPHIN POLICE, LAHORE Public functionaries are supposed to execute and perform their duty in…
2024 SCMR 181 SUPREME-COURTJUNAID WAZIR VS SUPERINTENDENT OF POLICE, PRU/ DOLPHIN POLICE, LAHORE Maxim 'ex debito justitiae'---Meaning and scope---Legal maxim "ex debi…

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