1981 PLP 1756 (CLC)
MUHAMMAD BAKHSH AND OTHERS‑‑Appellants Versus QUTABUDDIN AND OTHERS‑Respondents
| Citation | 1981 PLP 1756 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD BAKHSH AND OTHERS‑‑Appellants Versus QUTABUDDIN AND OTHERS‑Respondents |
Q1: What are the key laws and sections cited in 1981 PLP 1756 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1756 (CLC)?
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: 1981 PLP 1756 (CLC) (MUHAMMAD BAKHSH AND OTHERS‑‑Appellants Versus QUTABUDDIN AND OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Nawazish Ali Asadi for Respondents.
Headnotes / Summary
Ss. 4 & 15‑Pre‑emption‑Finding on issue whether plaintiff has a superior right of pre‑emption‑Not based on correct appreciation of law‑Case remanded to trial Court for fresh decision..‑{Remand of case].
Judgment & Decree
(a) Punjab Pre‑emption Act (I of 1913)‑-- ‑‑ Ss. 4 & 15 and Transfer of Property Act (IV of 1882), S. 52‑Pre emption ‑ Doctrine of lis peralens ‑‑‑ Does not hit sale made during pendency of suit by vendee in favour of a person possess ing a right of pre‑emption equal to that of pre‑emptor‑‑Person possessing a superior right of pre‑emption instead of buying suit property privately bringing pre‑emption suit‑Suit of such person to succeed and pre‑emptor to be non‑suited‑Vendee may sell to a person having an equal right with pre‑emptor or having a superior right to pre‑emptor ante litem so as to defeat pre‑emptor's claim in genuine transaction‑Inequitable hence to permit a pre‑emptor to defeat a person who has a superior right of pre‑emption and whom suit property resold within period of limitation simply because of pre‑emptor rushing to Court immediately after sale effected. Fateh Bibi v. Ahmad Khan P L D 1971 Lah. 171 rel. (b) Punjab Pre‑emption Act (I of 1913)
Ss. 4 & 15‑Pre‑emption‑Finding on issue whether plaintiff has a superior right of pre‑emption‑Not based on correct appreciation of law‑Case remanded to trial Court for fresh decision..‑{Remand of case]. Riaz Anwar for Appellant. Nawazish Ali Asadi for Respondents. Dates of hearing : 4th and 5th November, 1980.