1990 PLP 1246 (CLC)
GHULAM HUSSAIN and another‑‑‑Petitioners Versus ALAM SHER and 3 others‑‑‑Respondents
| Citation | 1990 PLP 1246 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | GHULAM HUSSAIN and another‑‑‑Petitioners Versus ALAM SHER and 3 others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1990 PLP 1246 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1246 (CLC)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1246 (CLC) (GHULAM HUSSAIN and another‑‑‑Petitioners Versus ALAM SHER and 3 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Naveed Shehryar for Petitioners.
- Ahmad Naveed Khan for Respondents.
- Date of hearing: 6th November, 1989.
Headnotes / Summary
Punjab Pre‑emption Act (I of 1913)‑‑‑ ‑‑‑‑S. 15‑‑‑Civil Procedure Code (V of 1908), 5.115‑‑‑Suit for pre‑emption on basis of plaintiff being co‑sharer in Khata decreed by Trial Court but dismissed by First Appellant Court on the ground that rquirements of Talabs as in Islam had not been fulfilled‑‑‑Revision against‑‑‑Supreme Court having laid down the law in Ahmad's case reported as P L D 1989 SC 771 that "Talabs, even if sine qua non, for advancing successfully every claim based on Islamic Law of Pre‑emption, could not be imported or engrafted into the left over statutory provisions of Pre emption Law not challenged, not examined or allowed for the time being to remain intact" High Court would have no option but to accept revision and set aside judgment and decree of Appellate Court‑‑‑Case was remanded to First Appellate Court for deciding appeal in accordance with law. Ahmad and others v. Abdul Aziz and others P L D 1989 SC 771 rel.
Judgment & Decree
‑‑‑‑S. 15‑‑‑Civil Procedure Code (V of 1908), 5.115‑‑‑Suit for pre‑emption on basis of plaintiff being co‑sharer in Khata decreed by Trial Court but dismissed by First Appellant Court on the ground that rquirements of Talabs as in Islam had not been fulfilled‑‑‑Revision against‑‑‑Supreme Court having laid down the law in Ahmad's case reported as P L D 1989 SC 771 that "Talabs, even if sine qua non, for advancing successfully every claim based on Islamic Law of Pre‑emption, could not be imported or engrafted into the left over statutory provisions of Pre emption Law not challenged, not examined or allowed for the time being to remain intact" High Court would have no option but to accept revision and set aside judgment and decree of Appellate Court‑‑‑Case was remanded to First Appellate Court for deciding appeal in accordance with law. Ahmad and others v. Abdul Aziz and others P L D 1989 SC 771 rel. Sh. Naveed Shehryar for Petitioners. Ahmad Naveed Khan for Respondents. Date of hearing: 6th November, 1989. On 17‑6‑1985 Ghulam Hussain and another, filed suit for possession by pre‑emption on the basis of being co‑sharer in Khata against Alam Sher and others in the Court of Civil Judge More Kot. The suit was decreed on 13‑7‑1987., On appeal, the learned District Judge Bhakkar, reversed the judgment and decree I of the trial Court and dismissed the suit of the petitioners on the ground that requirements of Talabs as in Islam had not been fulfilled.
2. In view of the pronouncement made by the Supreme Court in case A Ahmed and others v. Abdul Aziz and others P L D 1989 SC 771 (Civil Review Petitions Nos.80‑R/88 and 20/89), there is no option but to accept this revision and set aside the judgment and decree of the Appellate Court, therefore, the case is sent back to learned District Judge, Bhakkar, for deciding appeal on merits in accordance with law. The parties are left to bear their own costs. AA./G‑322/L Case remanded.