ASLAM KHAN vs KARIM BAKHSH (Deceased) Through Legal Heirs And Other

This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan, challenging a High Court judgment that denied the petitioner's right to pre-empt a sale based on their status as a tenant. The core legal questions presented for the Court's consideration involve whether the High Court erred in its reliance on the precedent established by the Shariat Bench in Haji Naimatullah Khan and another v. Government of Pakistan through Ministry of Law (PLD 1979 Pesh. 104) to disqualify the petitioner from exercising the right of pre-emption. Furthermore, the Court is tasked with determining whether the High Court failed to properly evaluate the petitioner's actual possession of the property, particularly in contrast to the official entries recorded in the Misl-e-Haqiat, at the time of the sale and during the subsequent enforcement of the pre-emption right. The Supreme Court granted leave to appeal to examine these issues, directing that the appeal be heard on the existing record while permitting the parties to submit additional documentation, and ordered the maintenance of the status quo regarding possession pending the final adjudication.