Abdul Latif vs Manzoor Ellahi Ss — 2025 YLR 911 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 911 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Abdul Latif vs Manzoor Ellahi Ss
Subject matter: Civil
Provisions referred to: S. 6; 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

Abdul Latif VS Manzoor Ellahi Ss. 6 & 13---Suit for possession through pre-emption---Shafi Sharik---Pre-emptor not co-owner/co-sharer in corpus of undivided property---Right of pre-emption on the basis of co-ownership and contiguity qua corpus of divided/partitioned/sold property---Determination---Alteration/changes in property in a Khasra by way of partition and sale of specific portion, status of---Petitioner being co-owner in a divided Khasra pre-empted the sale of suit property---Trial as well as Appellate Court dismissed the suit denying the status of the petitioner as a Shafi Sharik---Validity---For ascertaining right of pre-emptor as being Shafi Sharik under the law requirement was that the pre-emptor must be co-owner in the corpus of the undivided immovable property sold to other person---Term co-owner in the corpus of undivided immovable property was a different term than co-owner in the Khata---Entire Khasra could not be taken as a corpus particularly when the nature of property had been changed into Abadi at the spot, which was in possession of different persons---Ownership in a specific Khasra number, does not automatically make a co-owner to be a Shafi Sharik in the pre-empted land---Pre-emption is a right of substitution and once it is established that pre-emptor remains no more co-owner and also no contiguity exists, the suit would not be maintainable---Petitioner did not have right to pre-empt the suit property within the contemplation of S. 6 of the Khyber Pakhtunkhwa Pre-emption Act, 1987---Civil revision was dismissed, in circumstances.

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