1999 PLP 3429 (MLD)
Haji MUHAMMAD SATTAR — Petitioner Versus HAJI AHMED — Respondent
| Citation | 1999 PLP 3429 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Haji MUHAMMAD SATTAR — Petitioner Versus HAJI AHMED — Respondent |
| Primary Law | (b) Punjab Pre-emption Act (I of 1913), (a) Punjab Pre-emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 1999 PLP 3429 (MLD)?
This judgment primarily cites: (b) Punjab Pre-emption Act (I of 1913), (a) Punjab Pre-emption Act (I of 1913) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 3429 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 3429 (MLD) (Haji MUHAMMAD SATTAR — Petitioner Versus HAJI AHMED — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zahid Hassan Khan for Petitioner.
- Muhammad Farooq Qureshi Cheshti for Respondent
Headnotes / Summary
S. 15
No decree in the suit having been passed before 31-7-1986 and petitioner having not made Talbs, suit of petitioner could not proceed.
S. 15
Section 15 of Punjab Pre-emption Act, 1913 ceased to remain operative and, thus, no decree could be granted after 31-7-1986.
Judgment & Decree
(b) Punjab Pre-emption Act (I of 1913)
S. 15
Section 15 of Punjab Pre-emption Act, 1913 ceased to remain operative and, thus, no decree could be granted after 31-7-1986. PLD 1986 SC 360 and PLD 1990 SC 865 rel. Zahid Hassan Khan for Petitioner. Muhammad Farooq Qureshi Cheshti for Respondent Date of hearing: 28th August, 1997. A suit for pre-emption, filed by the petitioners under section 15 of the Punjab Pre-emption Act, 1913 to pre-empt sale of land effected through mutation No. 98, dated 9-2-1984, was dismissed on merits by the learned trial Court on 12-6-1988 which decree was affirmed in appeal by the learned appellate Court, vide judgment and decree, dated 19-1-1989. The judgments of the two learned Courts below have been challenged in this appeal. 2. Admittedly, the suit was filed before 31-7-1986, under the provision; of section 15 of Punjab Pre-emption Act, 1913, in which no decree was ever passed before 31-7-1986. The petitioners never claimed to have made Talbs, in view of the rule laid in Said Kamal's case, PLD 1986 SC 360 read with judgment delivered in Suo Motu Shariat Review. Petition No. 1-R of 198 reported as PLD 1990 SC 865, the provisions of section 15 of Punjab Pre -emption Act, 1913 ceased to remain operative in its entirety after 31-7-1986, hence no suit could be maintained thereunder. In view of the rule laid in Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 and Muhammad Yasin and others v. Khan Muhammad and others (PLD 1990 SC 1060), the suit of the petitioners cannot proceed nor any decree can now be granted therein after 31-7-1986. Consequently, this revision petition has become infructuous which is accordingly dismissed. Q.M.H./M.A.K./M-785/L Petition dismissed.