MUHAMMAD BASHIR vs BAGGA alias SARDAR KHAN
This is a vendee's petition for leave to appeal arising from a pre-emption matter. The core legal question revolves around whether a pre-emptor, who is the real brother of the vendor, possesses a superior right of pre-emption compared to the petitioner-vendee, who is a real nephew. The Supreme Court of Pakistan held that a real brother is higher in the order of succession than a real nephew under the applicable statutory provisions. Consequently, the petition was found to be without substance, and leave to appeal was refused. The key principle laid down is that the right of pre-emption under the relevant statute is determined strictly according to the order of succession, wherein a brother holds a superior position to a nephew.
- Does a real brother of the vendor have a superior right of pre-emption compared to a real nephew?
- Is a real brother higher in the order of succession than a real nephew under the Punjab Pre-emption Act?
- Punjab Pre-emption Act
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--This is a vendee's petition for leave to appeal in a pre-emption matter.
2. ' The dispute now left to be resolved is whether the pre-emptor (a real brother of the vendor) has superior right of pre-emption as compared to the petitioner/vendee (a real nephew of the vendee).
3. After some technical arguments, learned counsel could not dispute the fact that a real brother (pre-emptor herein) is higher in order of succession than a real nephew (the vendee/petitioner herein); and that the case had to be decided under the Punjab Pre-emption Act, the relevant provisions whereof conferred right of pre-emption "in the order of succession".
4. ' After hearing the learned counsel, on the said "order of succession" (the petitioner a nephew, being lower than the respondent/pre-emptor/brother) this petition cannot succeed.
5. ' Thus it is without any substance. Leave to appeal is, accordingly, refused.