Preemption right
Preemption right legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Predecessor of plaintiffs filed suit for pre-emption, and had died during pendency of said suit before recording of evidence
Suit was on the ground that right of pre-emption was not inheritable
Defendant took plea that legal heirs/plaintiffs, having no right on the date of sale, were not entitled to decree for pre-emption
Validity
Right of pre-emption being not inheritable right had extinguished with death of pre-emptor and sale was not pre-emptible
Plaintiffs who had no right on date of sale could not improve their right after sale by inheritance as cause of action had already come into existence and qualification by inheritance could not vest legal heirs with superior status after accrual of cause of action
Right of pre-emption was personal right in terms of S. 5 of Khyber Pukhtunkhwa Pre-emption Act, 1987
Legal heirs of deceased pre-emptor could not continue with prosecution of pre-emption suit initiated by their late father
Revision petition was dismissed in circumstance.
"Preemption right", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124954836
Precedents & Case Laws citing "Preemption right"
2025 M L D 1996
Akhund Haji Ali Muhammad through legal heirs and others — Applicants Versus Syed Shoukat Ali Shah through legal heirs and others — Respondents
Court: Sindh (Hyderabad Bench)P
MUSTAQIM KHAN‑Defendant‑Appellant. Versus ABDULLAH KHAN and others‑ ‑Respondents.
Court: High Court2011 SCMR 1453
MUHAMMAD SHAFI and others — Appellants Versus SULTAN MAHMOOD and others — Respondents
Court: Supreme Court of Pakistan2015 M L D 1589
Colonol ANWAR HUSSAIN through L.Rs. — Petitioners Versus TASLEEM BIBI — Respondent
Court: PeshawarP L D 1979 Lahore 763
MUHAMMAD ALI-Appellant Versus ALLAH DITTA AND 4 OTHERS-Respondents
Court: - O. VII, r. 11-Deficiency in court-fee-Rule 11(b) does not make a reference to question of ascertainment or determination of court fee-General proposition of law that Court must determine amount of valuation for purposes of court-fee and also amount of court-fee payable-Held, cannot be laid down - Whether such a prior determination would be necessary or not depends upon facts of each case-Plaintiff failing to determine court fee valuation on basis of a "Fard Khalis Munafa"-Court's order for filing such document and also for paying proper court-fee on its basis-Held, unexceptionable in circumstances of case-Mohammad and 2 others v. Mubarik Ali and another P L D 1977 Lah. 1422 and Maulvi Ahmad Yar v. Mst. Hajran P L D 1966 B J 1 dissented from.Court-fee.2016 M L D 523
MUHAMMAD RASHEED — Petitioner Versus Ch. MUNSHI KHAN and 7 others — Respondents
Court: High Court (AJ&K)P L D 2009 Supreme Court 419
KHADIM HUSSAIN — Appellant Versus ABID RUSSIAN and others Respondents
Court: High Court2016P240
MUHAMMAD WARIS and 3 others — Petitioners Versus Malik ABDUL GHAFFAR — Respondent
Court: Peshawar (Abbottabad Bench)2016 Y L R 401
IFTIKHAR AHMAD — Petitioner Versus Mst. SAIMA ZIA — Respondent
Court: Peshawar2016 S C M R 40
WASAL KHAN and others — Appellants Versus Dr. NIAZ ALI KHAN — Respondent
Court: Supreme Court of Pakistan