MUHAMMAD SHERIN SAHIBZADA through Legal Heirs and 7 others vs LAL
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal against a pre-emption decree. The core legal questions examined by the Court are whether a pre-emption decree could lawfully be passed in favour of a respondent after a Civil Court declared him not to be a co-sharer, which formed the basis of his qualification for the suit, and consequently, whether a decree could be passed in favour of the other pre-emptor or if he would lose his claim by the application of the rule of sinker. The Court considered the petition a fit case for examination, granted leave to appeal, ordered security, directed the preparation of the appeal on the present record, and ordered status quo to be maintained subject to all exceptions. The key principle relates to the application of the rule of sinker in pre-emption suits and the necessity of maintaining foundational qualifications for pre-emption claims.
- Whether a pre-emption decree could have been passed in favour of a respondent after a declaration by a Civil Court that he was not a co-sharer?
- Whether a decree could be passed in favour of the other pre-emptor by application of the rule of sinker?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--After hearing the learned counsel for the petitioners we consider it a fit case for examination of the following quest ions:-
(a) Whether; a pre-emption decree could have been passed in favour of respondent No,2 after the declaration by a Civil Court that he was not a co-sharer--the qualification claimed by him as basis for his suit.
(b) That being so, whether; a decree could at all be passed in favour of the other pre-emptor (respondent No,1); because, in the aforesaid eventuality he would have lost by application of the rule of sinker.
(c) Other related questions.
2. ' Order accordingly and . Security Rs,5,000.
3. ' The appeal shall be prepared on the present record with direction for filing of all essential documents.
4. ' Status quo to be maintained subject to all exceptions.