MUHAMMAD YOUNAS vs KHUSHAL
This matter arises from two appeals before the Supreme Court of Pakistan concerning whether a person who did not possess a superior right of pre-emption at the time of sales could subsequently avail of an improved status acquired through inheritance to pre-empt the sales of disputed properties. The core legal question considered by the court is whether the right of pre-emption is heritable. Relying on the precedent established in Azizur Rehman and others v. Muhammad Nawaz, the Supreme Court held that the right to pre-empt a sale is not heritable. Consequently, the court established the key principle that an appellant cannot utilize an improved status acquired by inheritance subsequent to the sale to pre-empt the property. The appeals were accordingly dismissed without orders as to costs.
- Whether the right of pre-emption is heritable?
- Can a person who did not possess a superior right of pre-emption at the time of sale rely on a subsequent inheritance to pre-empt the sale?
ORDER
1. ' MUHAMMAD HALEEM, C. J.--The point for consideration in both the appeals is whether the appellant who did not possess the superior right of preemption at the time of sales but subsequently acquired this right by inheritance, could avail of his improved status to pre-empt the sales of the disputed properties. In other words, the question is whether the right of pre-emption is heritable.
2. ' There is no dispute that the appellant in both these appeals did not possess the right to pre-empt on the date of the sales of the disputed properties, but on the demise of his father 'allegedly claimed his right on the ground that he had inherited it This question came up for consideration in Azizur Rchman and others v. Muhammad Nawaz, PLD 1988 Supreme Court 384, and it was held that the right to pre-empt the sale was not heritable, therefore, the sale cannot be pre-empted.
3. ' This being the law, there is no force in these two appeals which are dismissed, but with no order as to costs.
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