1994 PLP 1389 (MLD)
MUHAMMAD SHARIF — Petitioner Versus MUHAMMAD SAFDAR and 4 others — Respondents
| Citation | 1994 PLP 1389 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD SHARIF — Petitioner Versus MUHAMMAD SAFDAR and 4 others — Respondents |
| Primary Law | Punjab Pre-emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 1994 PLP 1389 (MLD)?
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 1994 PLP 1389 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 1389 (MLD) (MUHAMMAD SHARIF — Petitioner Versus MUHAMMAD SAFDAR and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Shahbaz Khurshid with Ch. Khurshid Ahmad for Petitioner.
- Taqi Ahmad Khan for Respondents.
Headnotes / Summary
S.21-A
Registration Act (XVI of 1908), S.47
Suit for pre-emption-- Ground of ownership in estate
Defendants asserting parity of pre-emptive qualifications on the basis of a sale-deed in their favour which was executed before the institution of suit but was registered thereafter
Effect
Sale-deed, per terms of S.47, Registration Act, 1908, would take effect from the date of its execution; therefore, suit for pre-emption having been filed after the execution of sale-deed in question (investing defendants with parity of pre-emptive qualification) would. fail due to lack of superior right of pre-emption-- Provision of S.21-A, Punjab Pre-emption Act, 1913, permitted improvement in status of a vendee (defendant) through voluntary modes of acquisition of property by him before the institution of pre-emption suit against him
Suit for pre-emption was dismissed on account of parity of pre-emptive qualification in circumstances.
Judgment & Decree
Muhammad Sharif one of the plaintiffs in a pre-emption suit was in revision before this Court. His co-plaintiff namely Muhammad Boota was arrayed as respondent No.5 in the revision petition. . Facts bearing on the decision of the revision petition briefly summarized were:
By a deed registered on 17-1-1980, Alam Din gifted his 2-1/4 Marlas of land, out of Khasra No.164, at Mauza Sankhatra of Tehsil Narowal to the respondents. Muhammad Sharif alongwith Muhammad Boota claimed pre-emption in respect of this transaction on the ground of being owners of the estate. Respondents resisted the pre-emption suit on parity of status. On 20-4-1983, the trial Court framed appropriate issues. Issue No.1 concerned plaintiffs' superior right of pre-emption and Issue No.2 covered the dispute about nature of transaction. Both the parties gave evidence in support of the issues which they were .required to prove. Upon review of evidence, the trial Court, on 22-4-1986, decreed pre-emption in favour of the plaintiffs, subject to payment of Rs.200 as sale price of the land to the respondents by or before 31-5-1986. It held that the transaction in dispute was a sale and the plaintiffs had superior right of pre-emption qua the respondents. Latter preferred an appeal against the judgment and decree of the trial Court. It was allowed, on 28-9-1987, by learned Additional District Judge, Narowal. He found that the transaction-in-dispute was a gift immune from pre-emption. Thereupon. Muhammad Sharif alone came up in revision to this-Court. It was admitted on 10-10-1987. In a connected Civil Revision No.1576/D / of 1987 between the same parties decided today, it was held that the- respondents had acquired legal status of being owners of the estate by, purchasing 97 Kanals of agricultural land from Feroze Din by the sale-deed executed on 20-3-1980, registered on 24-3-1980. Registered sale-deed was Exh.D.3 on file of the trial Court. Pre -emption suit in this case was instituted on 22-3-1980. Per terms of section 47 of Registration Act, 1908, sale-deed took effect from the date of its execution i.e. 20-3-1980. Therefore, regardless of the nature of transaction, be it a pre-emptible sale, plaintiffs had no. superior right of pre-emption qua it over the vendees-respondents. Section 21-A of Punjab Pre-emption Act, 1913 permitted improvement in status of a vendee through voluntary modes of acquisition of property by him before institution of pre-emption suit against him, the connected Civil Revision No.1576/D of 1987, 1 have already held that the sale deed Exh. D.3 shall take effect from the date of its execution. Therefore, For parity of reasoning, this civil revision must also fail. In view of the aforesaid, civil revision had little merit in it and is dismissed with costs. Original records shall be returned. AA./M-1532/L, Revision dismissed.