1989SCMR69 (PLP)
MUHAMMAD YOUNAS — Appellant Versus KHUSHAL — Respondent
| Citation | 1989SCMR69 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Haleem, CJ., Shafiur Rahman, Javid lqhal, Usman Ali Shah and Naeemuddin, JJ |
| Parties | MUHAMMAD YOUNAS — Appellant Versus KHUSHAL — Respondent |
| Primary Law | Pre-emption |
Q1: What are the key laws and sections cited in 1989SCMR69 (PLP)?
This judgment primarily cites: Pre-emption as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR69 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Haleem, CJ., Shafiur Rahman, Javid lqhal, Usman Ali Shah and Naeemuddin, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR69 (PLP) (MUHAMMAD YOUNAS — Appellant Versus KHUSHAL — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Afzal Siddiqi, Advocate-on-Record for Appellant (in both appeals).
- Ch. Akhtar Ali, Advocate-on-Record for Respondent.
- Date of hearing: 8th October, 1988.
- M. Afzal Siddiqi, Advocate‑on‑Record for Appellant (in both appeals).
- Ch. Akhtar Ali, Advocate‑on‑Record for Respondent.
Headnotes / Summary
(On appeal from the judgment and order of the Peshawar High Court, Circuit Bench, Abbottabad in Civil Revisions Nos. 115 and 116/78).
Right of--Improvement of right of pre-emption by inheritance after the date of sale--Whether the right to pre-empt is heritable--Pre-emptor who had no right on the date of sale cannot improve his right after the sale, by inheritance as the cause of action had already come into existence and subsequent qualification by inheritance could not vest him with superior status after the accrual of cause of action, the right of pre-emption not being heritable. Also Azizur Rehman and others v. Muhammad Nawaz PLD 1988 S C 384 fol.
Judgment & Decree
MUHAMMAD HALEEM, C. J.‑‑The point for consideration in both the appeals is whether the appellant who did not possess the superior right of pre emption at the time of sales but subsequently acquired this right by inheritance, could avail of his improved status to pre‑empt the sales of the disputed properties. In other words, the question is whether the right of pre‑emption is heritable. There is no dispute that the appellant in both these appeals did not possess the right to pre‑empt on the date of the sales of the disputed properties, but on the demise of his father allegedly claimed his right on the ground that he had inherited it. This question came up for consideration in Azizur Rehman and others v. Muhammad Nawaz, PLD 1988 Supreme Court 384, and it was held that the right to pre‑empt the sale was riot heritable, therefore, the sale cannot be pre‑empted. This being the law, there is no force in these two appeals which are dismissed, but with no order as to costs. A.A./M‑634/S T Appeals dismissed.