24/12/2025
2025 LHC 7822
Whether, in the context of the special and stringent requirements of the law of pre-emption, the registration of a sale deed must be treated as "notice" so as to deem the pre-emptor to have acquired knowledge from the date of registration; or whether the statute requires proof of actual knowledge, regardless of whether the transaction was effected through a registered document, an unregistered document, or an oral sale? ?
Whether verbal cross objections can be raised, at the revisional stage?
Held: Date of registration of sale deed cannot be extended or treated as knowledge for the purpose of making talab-i-muwathibat inasmuch as the legislature, despite being fully aware of the nature of registered documents, has consciously refrained from prescribing that registration (of sale) shall be deemed knowledge of the respondent/ pre-emptor. The statutory scheme makes the actual acquisition of knowledge the determinative factor, not the availability of the document on the public record. Introducing the doctrine of constructive or deemed knowledge, for the purpose of making talb-i-muwathibat, would effectively rewrite the pre-emption law and make the requirements even more stringent, which is impermissible. Thus, for purpose of exercise of talb-i-muwathibat, the plea that registration of sale deems to be public notice and therefore, within knowledge of the pre-emptor cannot sustain. Further held that the raising of verbal objections at the revisional stage is a course that ought to be discouraged, as the procedural framework emphasizes formal pleadings and clearly articulated grounds.
Civil Revision-111-14
MUHAMMAD BASHIR ETC VS MUHAMMAD RAFIQUE
Mr. Justice Anwaar Hussain
19-11-2025
