SCMR 1988

1988 PLP 1243(2) (SCMR)

GH ULAM DIN‑‑Petitioner Versus ABDUR RASHID‑‑Respondent

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Special Leave to Appeal No.82 of 1982, decided on 15th May, 1988.
Honorable Judges
Muhammad Afzal Zullah and Saad Snood Jan, JJ
Case Reference Summary (AEO Optimized)
Citation 1988 PLP 1243(2) (SCMR)
Forum / Court High Court
Bench Members Muhammad Afzal Zullah and Saad Snood Jan, JJ
Parties GH ULAM DIN‑‑Petitioner Versus ABDUR RASHID‑‑Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1988 PLP 1243(2) (SCMR)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1988 PLP 1243(2) (SCMR)?

The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Snood Jan, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1988 PLP 1243(2) (SCMR) (GH ULAM DIN‑‑Petitioner Versus ABDUR RASHID‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Sh. Abdul Aziz, Advocate Supreme Court and Tanvir Ahmad, Advocate‑on‑Record for Petitioner.
  • Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Respondent.
  • Date of hearing: 15th May, 1988.

Headnotes / Summary

(On appeal from the order dated 17‑1‑1982 of the Lahore High Court, Lahore, passed in C.R.No.4/D of 1982). Punjab Pre‑emption Act (I of 1913)‑‑ ‑‑‑Ss.4 & 15‑‑Land Reforms Regulation (MLR 115) of 1972, para.25‑ Petition for leave to appeal‑‑Pre‑emption suit‑‑Vendee challenging decree passed in favour of respondent pre‑emptor on ground of possible bar to purchase of land through a pre‑emption decree, created by provisions of Martial Law Regulation‑‑Similar question had already been dealt with in P L D 1982 S C 364 and P L D 1985 S C 430 and no judgment of Supreme Court was in his favour on question raised in petition‑‑Leave to appeal refused. Abdul Ghafoor v. Muhammad Ismail P L D 1982 S C 364 and PLD 1985 S C 4 30 rel.

Judgment & Decree

‑‑‑Ss.4 & 15‑‑Land Reforms Regulation (MLR 115) of 1972, para.25‑ Petition for leave to appeal‑‑Pre‑emption suit‑‑Vendee challenging decree passed in favour of respondent pre‑emptor on ground of possible bar to purchase of land through a pre‑emption decree, created by provisions of Martial Law Regulation‑‑Similar question had already been dealt with in P L D 1982 S C 364 and P L D 1985 S C 430 and no judgment of Supreme Court was in his favour on question raised in petition‑‑Leave to appeal refused. Abdul Ghafoor v. Muhammad Ismail P L D 1982 S C 364 and PLD 1985 S C 4 30 rel. Sh. Abdul Aziz, Advocate Supreme Court and Tanvir Ahmad, Advocate‑on‑Record for Petitioner. Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Respondent. Date of hearing: 15th May, 1988. MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by a vendee in a pre‑emption matter against decree passed in favour of the respondent /pre‑emptor and the dismissal of the petitioner's Civil Revision in this behalf, by the High Court.

2. The suit was resisted by the petitioner on the ground of the possible bar to purchase land (even through a pre‑emption decree by the respondent /pre‑emptor), created by the provisions of the Martial Law Land Reforms Regulation. Similar question has been dealt with in Abdul Ghafoor v. Muhammad Ismail P L D 1982 S C 364 and Mir Qalam Khan v. Ghulam Muhammad Khan and another 1985 SCMR 430; which the learned counsel unsuccessfully tried to distinguish as also other judgments of this Court. The learned counsel frankly admits that no judgment of this Court is in his favour on the questions raised in this petition.

3. No useful purpose would be served to grant leave to appeal in this case, the same is, accordingly, refused and the petition is dismissed. M.Y.H./G‑91/S Petition dismissed.