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2001 SCMR 2011

KHUDA BAKHSH vs Mst. GHALOORAN and 6 others

Citation2001 SCMR 2011
CourtSupreme Court of Pakistan
Case No.Civil Appeal No,34 of 1997
Date2001-02-02
Judge(s)Abdur Rehman Khan, Tanvir Ahmed Khan
ResultCase remanded

ORDER

1. ' The plaintiff/respondent brought a suit for possession through preemption in respect of the disputed land which was decreed by the learned trial Court on 16-9-1985. The learned appellate Court, however, dismissed the suit holding that the plaintiff cannot claim superior right as the property on the basis of which he claims such a right was obtained through oral sale and not registered deed. The learned High Court while accepting the revision petition reversed the order of the appellate Court and restored that of the trial Court on the ground that superior right on the basis of tenancy cannot be claimed as it was violative of Shariat. The learned counsel submitted that he claimed first right of pre-emption on the basis of tenancy in his written statement and had reiterated it in his evidence, but there is no discussion on this issue. He read out the written statement and the evidence of the defendant/vendee which contained allegation regarding tenancy over the disputed land. It is, however, curious that none of the Courts has decided this question of tenancy and on that count the pre-emptive right of the parties inter se. Consequently, this appeal is accepted, the impugned judgment is set aside, the case is remanded to the trial Court for decision afresh after affording both the sides opportunity of leading evidence and then to decide it on the evidence already on record and that which is to be brought on the record. No order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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