P L D 1991 Lahore 197 (PLP)
MUHAMMAD YAQOOB — Appellant Versus FAZAL DAD and others — Respondents
| Citation | P L D 1991 Lahore 197 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | MUHAMMAD YAQOOB — Appellant Versus FAZAL DAD and others — Respondents |
Q1: What are the key laws and sections cited in P L D 1991 Lahore 197 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1991 Lahore 197 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1991 Lahore 197 (PLP) (MUHAMMAD YAQOOB — Appellant Versus FAZAL DAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Arshad Mahmood for Appellant. Sh. Naveed Sheharyar for Respondents.
Headnotes / Summary
Ss.15 & 21-A
Essential preferences for pre-emptor to succeed in his claim of pre-emption and for vendee to bring his status at par with pre-emptor
Pre-emptor, in order to succeed, was obliged to maintain his preference on three crucial stages via. date of sale, date of institution of preemption suit and the date of decree by trial Court
Loss of preference on or between any of three stages must prove fatal for a successful claim of preemption
Vendee's right was to be judged at the time of sale sought to be preempted
Where vendee's qualification was at par or superior to pre-emptor, pre
S.21-A
Pre-emption, right of -Improvement of vendee's status
Vendee could improve his status till the institution of pre-emption suit and thereafter improvement was permissible only either through inheritance or succession. [p. 199] B
S.15
Civil Procedure Code (V of 1908), S.100
Vendee's status was at par with pre-emptor at the time of institution of suit for pre-emption
Pre-emption suit when filed was thus not maintainable
Subsequent disposal of land by vendee on basis of which his. status had been at par with pre-emptor, would not affect his right to retain land in question
Pre-emptor having no preferential right at the time of institution of his pre-emption suit, could not claim preferential right subsequently when vendee had disposed of land which had brought his status equal to that of pre-emptor
First Appellate Court's decision to the contrary was set aside and suit was dismissed thus upholding trial Court's decision. [p. 200] C
Judgment & Decree
emption suit against him must fail
While it was essential for pre-emptor to retain his superior qualifications as an unbroken chain till final stage was reached in pre-emption suit, it was not necessary for vendee to maintain them after the initial sale. [p. 199] A Muhammad Nawaz Khan and another v. Mussammat Bobo Sahib 44 P.R. 1903 and Sardar Darchan Khan and others v. Sohaura Mal 3 P.L.R. 1907 rel. (b) Punjab Pre-emption Act (I of 1913)
S.21-A
Pre-emption, right of -Improvement of vendee's status
Vendee could improve his status till the institution of pre-emption suit and thereafter improvement was permissible only either through inheritance or succession. [p. 199] B (c) Punjab Pre-emption Act (I of 1913)
S.15
Civil Procedure Code (V of 1908), S.100
Vendee's status was at par with pre-emptor at the time of institution of suit for pre-emption
Pre-emption suit when filed was thus not maintainable
Subsequent disposal of land by vendee on basis of which his. status had been at par with pre-emptor, would not affect his right to retain land in question
Pre-emptor having no preferential right at the time of institution of his pre-emption suit, could not claim preferential right subsequently when vendee had disposed of land which had brought his status equal to that of pre-emptor
First Appellate Court's decision to the contrary was set aside and suit was dismissed thus upholding trial Court's decision. [p. 200] C Ch. Arshad Mahmood for Appellant. Sh. Naveed Sheharyar for Respondents. Date of hearing: 19th February, 1991.