Mst. DARVESHAN JAN vs MUHAMMAD ASLAM And Another

This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed by the petitioner, Mst. Darveshan Jan, challenging the judgment of the Lahore High Court, Multan Bench, dated 7th November, 1988. The core legal question concerns whether respondent No.2, Sardar Hussain, possessed a superior right of pre-emption and was lawfully entitled to a decree for possession of the disputed land based on the facts and material on record. Upon hearing arguments, the Supreme Court granted leave to appeal to examine this question. The Court ordered the petitioner to furnish security in the sum of Rs. 5,000, directed that the appeal be heard on the existing record, and granted liberty to the parties to file additional documents deemed necessary for the final disposal of the appeal. The key principle established is that the determination of a superior right of pre-emption requires a careful appraisal of the factual matrix and record.