Citation Name: 2025 MLD 1996 KARACHI-HIGH-COURT-SINDHBookmark this Case Akhund Haji Ali Muhammad vs Syed Shoukat Ali Shah Right of pre-emption — 2025 MLD 1996 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 MLD 1996 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: MLD
Parties: Citation Name: 2025 MLD 1996 KARACHI-HIGH-COURT-SINDHBookmark this Case Akhund Haji Ali Muhammad vs Syed Shoukat Ali Shah Right of pre-emption
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

Citation Name: 2025 MLD 1996 KARACHI-HIGH-COURT-SINDHBookmark this Case Akhund Haji Ali Muhammad VS Syed Shoukat Ali Shah Right of pre-emption---Whether inheritable or not---Right of preemption will run with the land and is not personal for the purposes of its enforceability in a Court of law---In other words, the right of pre-emption is to be personal to a preemptor until a decree is passed in his favour and, during that interregnum, said right is neither transferable nor in heritable---In such a situation if the preemptor dies before obtaining a decree in his favour in the Trial Court or the appellate or Revisional Court, his right of preemption shall remain exclusively personal and shall not survive to his heirs---But no sooner a decree is passed in favour of the pre-emptor than the right becomes a proprietary one and is capable of not only being transferred but also inheritable as well.

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