GHULAM HABIB vs SHER ALI
This matter arises from a petition for leave to appeal concerning a pre-emption suit. The core legal question is whether the petitioner could claim a superior right of pre-emption to the entire tract of land sold based on his relationship with his vendor father, who was one of the co-sellers. The Supreme Court of Pakistan held that the petitioner was only entitled to pre-empt to the extent of his father's specific share in the property sold, as concurrently ruled by the Additional District Judge and the High Court. The petition was accordingly dismissed as being without merit. The key principle laid down is that a pre-emptor claiming through a vendor co-sharer can only succeed to the extent of that specific vendor's share in the sold property.
- Can a pre-emptor claim a superior right of pre-emption over the entire property sold based solely on his relationship with one of the co-vendors?
- To what extent can a pre-emptor succeed in a pre-emption suit founded on a relationship with a co-vendor father?
ORDER
1. ' SAAD SAOOD JAN, J.-- A number of persons, including the father of the petitioner sold one kanal of land to the respondent. The petitioner filed a suit for pre-emption. He founded his claim to superior right on his relationship with his father. The Additional District Judge and the High Court decreed his suit to the extent of his father's share in the property sold. He was entitled to no more. These petitions are without any merit and are hereby dismissed.