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1989 SCMR 69

MUHAMMAD YOUNAS vs KHUSHAL

Citation1989 SCMR 69
CourtSupreme Court of Pakistan
Case No.Civil Appeals Nos. 80 and 81 of 1980
Date1988-10-08
Judge(s)Naimuddin, Dr. Javed Iqbal, Muhammad Haleem, Shafi-ur-Rehman, Syed
ResultAppeals dismissed

ORDER

1. ' MUHAMMAD HALEEM, C. J.--The point for consideration in both the appeals is whether the appellant who did not possess the superior right of preemption 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.

2. ' 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 Rchman and others v. Muhammad Nawaz, PLD 1988 Supreme Court 384, and it was held that the right to pre-empt the sale was not heritable, therefore, the sale cannot be pre-empted.

3. ' This being the law, there is no force in these two appeals which are dismissed, but with no order as to costs.

Cited by 13 cases

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