1988 PLP 1367 (SCMR)
SHAH MUHAMMAD and 2 others — Petitioners Versus MUHAMMAD BIBI and 5 others — Respondents
| Citation | 1988 PLP 1367 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | SHAH MUHAMMAD and 2 others — Petitioners Versus MUHAMMAD BIBI and 5 others — Respondents |
| Primary Law | Punjab Pre-emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 1988 PLP 1367 (SCMR)?
This judgment primarily cites: Punjab Pre-emption Act (I of 1913) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1367 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1367 (SCMR) (SHAH MUHAMMAD and 2 others — Petitioners Versus MUHAMMAD BIBI and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Riyasat Ali, Advocate Supreme Court and M.A.Qureshi, Advocate-on-Record for Petitioners.
- Naveed Sheher Yar, Advocate Supreme Court and S. Abid Nawaz, Advocate-on-Record for Respondents.
- Date of hearing 16th May, 1988.
- Riyasat Ali, Advocate Supreme Court and M.A.Qureshi, Advocate‑on‑Record for Petitioners.
- Naveed Sheher Yar, Advocate Supreme Court and S. Abid Nawaz, Advocate‑on‑Record for Respondents.
- MUHAMMAD AFZAL ZULLAH, J.‑‑Mahmood A.Qureshi, who is not an A.O.R. in this case, made a statement that Sh.Abdul Karim, A.O.R. having died, no new A.O.R. has been appointed from the petitioners‑side. Riyasat Ali, the learned Advocate appearing for the petitioner instructed Mr.Qureshi to make statement that he will not be able to appear before the Court and the petition may be disposed of on consideration of the material placed on record.
Headnotes / Summary
(On appeal from the Judgment dated 26-2-1983 of the Lahore High Court, Lahore, passed in R.S.A. No.388 of 1977).
S.21--Pre-emption suit--Main question raised regarding the right of pre-emptors to seek the decree for pre-emption impugned before High Court stood concluded by findings of fact reached by three Courts below against petitioner--Supreme Court declined inter ference--Petition dismissed.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Mahmood A.Qureshi, who is not an A.O.R. in this case, made a statement that Sh.Abdul Karim, A.O.R. having died, no new A.O.R. has been appointed from the petitioners‑side. Riyasat Ali, the learned Advocate appearing for the petitioner instructed Mr.Qureshi to make statement that he will not be able to appear before the Court and the petition may be disposed of on consideration of the material placed on record.
2. We accordingly examined the material and have come to the conclusion that it is not a fit case for grant of leave to appeal, because the main question raised regarding the right of the respondents /pre‑emptors to seek the decree for pre‑emption impugned!, before the High Court stands concluded by findings of fact reached' by the three learned Courts below against the petitioner. Leave to appeal is, accordingly, refused and the petition is dismissed. M.B.A./S‑151/S Petition dismissed.