1989SCMR 415 (PLP)
TAHIR MAHMOOD and others — Petitioners Versus Mst. ZAINAB KHATOON and others — Respondents
| Citation | 1989SCMR 415 (PLP) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Ali Hussain Qazilbash, JJ |
| Parties | TAHIR MAHMOOD and others — Petitioners Versus Mst. ZAINAB KHATOON and others — Respondents |
| Primary Law | Punjab Pre-emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 1989SCMR 415 (PLP)?
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 1989SCMR 415 (PLP)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR 415 (PLP) (TAHIR MAHMOOD and others — Petitioners Versus Mst. ZAINAB KHATOON and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Munir Peracha, Advocate Supreme Court and Manzoor Ellahi, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 15th October, 1988.
- Muhammad Munir Peracha, Advocate Supreme Court and Manzoor Ellahi, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(From the order of the Lahore High Court, dated 13-6-1988, passed in Civil Revision No. 1520-D of 1986).
S. 15--Constitution of Pakistan (19-33), Art. 185(3)--Leave to appeal granted to consider question whether in spite of objection raised by petitioners that on the death of pre-emptor his legal representatives did not inherit the right of pre-emption, yet the Courts below decreed the suit. Azizur Rehman v. Muhammad Nawaz P L D 1988 SC 384 rel.
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.‑‑This is a petition for leave to appeal against the order of a learned Single Judge of the Lahore High Court, dated 13‑6‑1988, whereby the revision petition filed by the petitioners was dismissed.
2. Pehar Khan filed a suit for possession of certain land through pre -emption in the Court of Civil Judge, Mianwali, but during the pendency of the suit he died and his legal representatives were brought on the record. The suit was decreed on 16‑11‑1985 in spite of the objection raised by the defendants that right of pre‑emption was not heritable. The appeal of the petitioners and their revision petition were also dismissed by the Additional District Judge, Mianwali, on 23‑4‑1986 and through the impugned order respectively, where the same objection was also raised.
3. The learned counsel for the petitioners vehemently submitted that in spite of objection raised by the petitioners that on the death of Pehar Khan his legal representatives did not inherit the right of pre‑emption, yet the Courts below decreed their suit. Reliance in this respect was placed on Azizur Rehman v. Muhammad Nawaz (P L D 1988 SC 384).
4. The point raised needs consideration. Leave is thus granted. Security Rs. 5,
000. Stayto continue. MA.K./T‑30/S Leave granted.