1981 PLP 1527 (CLC)
Haji SIKANDAR‑Petitioner Versus KHAN MUHAMMAD‑Respondent
| Citation | 1981 PLP 1527 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Afzal Lone, J |
| Parties | Haji SIKANDAR‑Petitioner Versus KHAN MUHAMMAD‑Respondent |
| Primary Law | (b) Punjab Pre‑emption Act (I of 1913)‑, (a) Punjab Pre‑emption Act (I of 1913)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1527 (CLC)?
This judgment primarily cites: (b) Punjab Pre‑emption Act (I of 1913)‑, (a) Punjab Pre‑emption Act (I of 1913)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1527 (CLC)?
The case was heard and decided by the Lahore bench comprising: Muhammad Afzal Lone, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1527 (CLC) (Haji SIKANDAR‑Petitioner Versus KHAN MUHAMMAD‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khan Khuda Dad Khan Barki for Appellant.
- Raja Said Akbar Khan with Mian Abdur Rashid for Respondent.
Headnotes / Summary
‑‑ Ss. 4 & 15‑Pre‑emption‑Superior right‑Deed of exchange executed earlier than sale deed‑Exchange deed has precedence over sale deed and consequently respondent became co‑sharer in khata ; in dispute by means of exchange deed before sale of such khata in favour of petitioner‑Respondent, held rightly adjudged to have had superior right of pre‑emption. ‑‑ S. 15‑Pre‑emption‑Superior right‑Contention that petitioner having become owner of estate earlier that date of filing of suit, petitioner improved his status before institution of suit and thus respondent's superior right stood defeated‑Respondent being co sharer in khewat, held, ranked higher in order of precedence and contention devoid of force. (c) Evidence Act (I of 1872)‑ ‑‑ S. 70‑Admitted facts‑Averment of plaint admitted in corres ponding para. of written statement‑Admitted facts, held, need not be formally proved.‑[Pleadings].
Judgment & Decree
(a) Punjab Pre‑emption Act (I of 1913)‑
‑‑ Ss. 4 & 15‑Pre‑emption‑Superior right‑Deed of exchange executed earlier than sale deed‑Exchange deed has precedence over sale deed and consequently respondent became co‑sharer in khata ; in dispute by means of exchange deed before sale of such khata in favour of petitioner‑Respondent, held rightly adjudged to have had superior right of pre‑emption. (b) Punjab Pre‑emption Act (I of 1913)‑
‑‑ S. 15‑Pre‑emption‑Superior right‑Contention that petitioner having become owner of estate earlier that date of filing of suit, petitioner improved his status before institution of suit and thus respondent's superior right stood defeated‑Respondent being co sharer in khewat, held, ranked higher in order of precedence and contention devoid of force. (c) Evidence Act (I of 1872)‑ ‑‑ S. 70‑Admitted facts‑Averment of plaint admitted in corres ponding para. of written statement‑Admitted facts, held, need not be formally proved.‑[Pleadings]. Khan Khuda Dad Khan Barki for Appellant. Raja Said Akbar Khan with Mian Abdur Rashid for Respondent.