1989 PLP 1140 (SCMR)
MUHAMMAD BASHIR‑‑Petitioner Versus BAGGA alias SARDAR KHAN‑‑Respondent
| Citation | 1989 PLP 1140 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal, JJ |
| Parties | MUHAMMAD BASHIR‑‑Petitioner Versus BAGGA alias SARDAR KHAN‑‑Respondent |
| Primary Law | Punjab Pre‑emption Act (I of 1913)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1140 (SCMR)?
This judgment primarily cites: Punjab Pre‑emption Act (I of 1913)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1140 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1140 (SCMR) (MUHAMMAD BASHIR‑‑Petitioner Versus BAGGA alias SARDAR KHAN‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Hafeez Ahmad, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 9th August, 1988.
Headnotes / Summary
(On appeal from the judgment and order, dated 23‑9‑1984 of the Lahore High Court, Lahore, in Civil Revision No.1171 of 1983). ‑‑‑S.15‑‑Succession‑‑Superior right of pre‑emption‑‑Real brother (pre‑emptor) is higher in order of succession than a real nephew (vendee); and case had to be decided under the relevant provisions of the Act conferring right of pre‑emption "in the order of succession"‑‑Nephew being lower than the brother, his claim could not succeed.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑This is a vendee's petition for leave to appeal in a pre‑emption matter. The dispute now left to be resolved is whether the pre‑emptor (a real brother of the vendor) has superior right of pre‑emption as compared to the petitioner/vendee (a real nephew of the vendee). After some technical arguments, learned counsel could not dispute the fact that a real brother (pre‑emptor herein) is higher in order of succession than a real nephew (the vendee/petitioner herein); and that the case had to be decided under the Punjab Pre‑emption Act, the relevant provisions whereof conferred right of pre‑emption "in the order of succession". After hearing the learned counsel, on the said "order of succession (the petitioner a nephew, being lower than the respondent/pre‑emptor/brother) petition cannot succeed. Thus it is without any substance. Leave to appeal is, accordingly, refused. M.BA./M‑847/S Petition dismissed.