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| Pre-emption |
🏛️ حقِ شفعہ اور
Waiver
پر اہم فیصلہ
📘 تعارف
📖 مختصر حقائق
⚖️ بنیادی قانونی سوال
🏛️ سپریم کورٹ کا فیصلہ
🔑 اہم قانونی اصول
⚠️ عدالت کی آبزرویشن
📌 نتیجہ
Must read judgement.
2026 SCMR 406
[Supreme Court of Pakistan]
Present: Shahid Bilal Hassan and Shakeel Ahmad, JJ
JAMAAT ALI and others-Appellants
Versus
BAHADUR --Respondent
C.A. No. 756-L of 2012 in C.P. No. 1581-L of 2011, decided on 5th January, 2026.
Vo
(Against judgment and decree dated 30.06.2011 passed in R.S.A. No. 107 of 2000 by Lahore High Court, Lahore).
Punjab Pre-emption Act (I of 1913)--
S.4-Superior right of pre-emption--Term 'waiver-Applicability--Respondent pre-emptor was son of vendor who had
claimed possession of suit land through exercise of superior right of pre-emption-Trial Court dismissed the suit but Lower
Appellate Court and High Court decreed the suit in favour of respondent/pre-emptor-Validity-Respondent/pre-emptor was not
only aware of sale transaction but remained present at the time of execution and registration of sale deed-Despite such
knowledge, respondent/pre-emptor neither objected to the sale nor asserted his right of pre-emption---Respondent/pre-emptor
allowed transaction to he completed and vendees to act o act upon it, thereby inducting a legitimate expectation that the sale would not
be disturbed-High Court v Court while dismissing: dismissing second appeal, ppeal, failed to properly appreciate the cumulative effect of respondent's/pre-emptor's conduct and treated his presence in isolation ignoring that waiver was to be inferred from totality of circumstances and not from a single fact viewed in vacuum-Supreme Court set aside judgments and decrees passed by High Court and Lower Appellate Court the same were result of misreading of evidence and misapplication of law-Appeal was allowed.
Said Kamal's case PLD 1986 SC 360; Sardar Ali's case PLD 1988 SC 287; Black's Law Dictionary: Abdul Hameed and others v. Muzamil Haq and others 2005 SCMR 895; Hassan Din and others v. Manzoor Hussain and others 2010 SCMR 810; Naseer Ahmed v. Arshad Ahmad PLD 1984 SC 403 and Dr. Muhammad Javaid Shafi v. Syed Rashid Arshad and others PLD 2015 SC 212 ref.
Sheikh Naveed Shehryar and Sh. Usman Karim Ud Din, Advocates Supreme Court for Appellants. Imran Humayun Cheema and Khawaja Waseem Abbas, Advocates Supreme Court for Respondent.