JAMAAT ALI vs BAHADUR — 2026 SCMR 406 SUPREME-COURT

Case information

Citation: 2026 SCMR 406 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: JAMAAT ALI vs BAHADUR
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

JAMAAT ALI VS BAHADUR. Section 4---Superior right of pre-emption---Term "waiver"---Applicability---Scope. Respondent/pre-emptor was son of vendor who claimed possession of suit land through exercise of superior right of pre-emption. Trial Court dismissed suit, whereas Lower Appellate Court and High Court decreed suit in favour of respondent/pre-emptor. Validity of judgments was challenged before Supreme Court. Held: Respondent/pre-emptor was not only aware of sale transaction but also remained present at the time of execution and registration of sale deed. Despite having knowledge of sale transaction, respondent neither objected to sale nor asserted his right of pre-emption. Respondent allowed transaction to be completed and permitted vendees to act upon it, thereby creating legitimate expectation that sale would not subsequently be disturbed. High Court, while dismissing second appeal, failed to appreciate cumulative effect of conduct of respondent/pre-emptor and considered his mere presence in isolation. Waiver of right of pre-emption is to be inferred from totality of circumstances and not from a single fact viewed in isolation. High Court failed to properly appreciate evidence and law relating to waiver. Supreme Court set aside judgments and decrees passed by High Court and Lower Appellate Court as the same were result of misreading of evidence and misapplication of law. Appeal was allowed.

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