MUHAMMAD MASOOD KHAN BHATTI vs Mst. GHULAM FATIMA
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, addressing the question of whether the respondent had waived her preferential right to acquire land based on her conduct and statements of witnesses establishing refusal to take the land despite knowledge of the transfer. The Supreme Court held that the case requires further consideration, particularly regarding whether the plea of waiver was rejected on academic considerations rather than the true realities of the situation. Accordingly, leave to appeal was granted, security was ordered, and the interim order of status quo as to possession was directed to continue pending the final hearing. The key principle laid down is that a party's conduct, including explicit refusal to accept property despite knowledge of its transfer, may constitute waiver of a preferential right and warrants a thorough judicial examination rather than dismissal on academic grounds.
- Does the refusal to take land despite knowledge of its transfer constitute a waiver of a preferential right?
- Can a plea of waiver be rejected on academic considerations rather than the realities of the situation?
ORDER
1. NASIM HASAN SHAH, J.-- It has, inter alia, been contended that the respondent had waived her preferential right as evidenced by the statements of D.W.6 (Rashid Faiz) and D.W.9 (Muhammad Masood) which established that despite the knowledge of transfer of the land in favour of the petitioner herein for a sum of Rs, 57,000 and even on being asked to take the land she refused to do so. This conduct in the circumstances of the case constituted waiver and that this plea had been rejected on academic considerations rather than the true realities of the situation.
2. ' The case requires further consideration. Leave is, accordingly, granted.
3. ' Security in the sum of Rs,2,000.
4. ' Interim order to status quo as to the possession passed on 10-3-1982 to continue meanwhile.