Pakistan Case LawCh. FATEH MUHAMMAD and others Versus Moulvi MUHAMMAD BASHIR through Legal Heirs and others
This petition for leave to appeal challenged a Lahore High Court judgment that upheld a decree for possession through pre-emption in favor of the respondent. The core legal question was whether the pre-emptor, whose title was based on adverse possession rather than a registered sale deed, possessed a superior right of pre-emption against the vendees. The Supreme Court held that the pre-emptor had successfully established his superior right of pre-emption, as he had been recorded as the owner of the land in the Revenue Record since 1956 and had matured his title through adverse possession for over a decade. The Court rejected the petitioners' contention that the absence of a registered sale deed under the Transfer of Property Act invalidated the pre-emptor's claim, affirming that ownership acquired via prescription is sufficient to establish a superior right of pre-emption against vendees who are not owners in the estate. Consequently, the Court found no legal infirmity in the lower courts' decisions and refused leave to appeal.
- Can a person establish a superior right of pre-emption based on ownership acquired through adverse possession?
- Does the absence of a registered sale deed under the Transfer of Property Act 1882 preclude a party from asserting a superior right of pre-emption if they have otherwise matured ownership through prescription?
ORDER
MANZOOR HUSSAIN SIAL, J.---The petitioners/vendees seek leave to appeal from judgment dated 22-2-1993, of the= Lahore High Court, whereby R.F.A. 53 of 1983, filed by them was dismissed.
2.The petitioners purchased land in dispute through registered sale-deed dated 3-11-1977. Moulvi Muhammad Bashir, the predecessor-in-interest of the respondents on 4-11-1978, instituted a suit for possession through preemption claiming superior right of pre-emption as against the vendees. The petitioners in written statement controverted the plaintiff's plea that he had superior right of pre-emption. Learned trial Judge after evaluating evidence on the record produced by the parties decreed the suit on 11-6-1983, by holding that the pre-emptor had established his superior right of pre-emption. The objection raised by the petitioners that the oral sale made through mutation "Exh. D/3 in favour of the plaintiff did not confer any title of ownership on him was rejected on the ground that the plaintiff had matured his right of ownership through adverse possession. The petitioners assailed the aforementioned decree in Regular First Appeal, which was dismissed by the Lahore High Court as aforementioned.
3.In support of this petition learned counsel for petitioners contended that since the sale was not made in the manner and the form as provided in section 54 of the Transfer of Property Act, it did not create any right of ownership in the land in favour of the pre-emptor. The transactions evidenced through registered deeds only were held valid transactions. It is not denied that the pre- emptor had been regularly recorded ever since 1956 as owner of the land in the Revenue Record. The learned trial Court as well as the first appellate Court rightly held that the pre-emptor became owner of the land in the estate by being in adverse possession for over a decade. The respondent/pre-emptor had matured his right of ownership by prescription. Admittedly the petitioners/vendees were not owners in the estate as against the pre-emptor who being owner had a superior right of pre-emption. The suit was, therefore, rightly decreed in his favour.
4.In the circumstances, we find no legal infirmity in the impugned judgments. Resultantly, this petition fails. The leave to appeal in this case is, therefore, refused.
Judges on this bench
- Saad Saood Jan2,559 judgments
- Manzoor Hussain Sial807 judgments