1992 PLP 1287 (SCMR)
SIRAJ DIN‑‑‑Petitioner Versus GHULAM NABI and 2 others‑‑‑Respondents
| Citation | 1992 PLP 1287 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Shafiur Rahman and Saad Saood Jan, JJ |
| Parties | SIRAJ DIN‑‑‑Petitioner Versus GHULAM NABI and 2 others‑‑‑Respondents |
| Primary Law | Punjab Pre‑emption Act (I of 1913)‑‑‑ |
Q1: What are the key laws and sections cited in 1992 PLP 1287 (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 1992 PLP 1287 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Shafiur Rahman and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 1287 (SCMR) (SIRAJ DIN‑‑‑Petitioner Versus GHULAM NABI and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghazanfar Ali Gondal, Advocate instructed by Ejaz Ahmad Khan, Advocate‑on‑Record for Petitioner.
- Tanvir Ahmed, Advocate‑on‑Record for Respondents.
- Date of hearing: 27th February, 1992.
Headnotes / Summary
(On appeal from the judgment/order of Lahore High Court, Lahore dated 6‑4‑1991 passed in FA.O. No.143 of 1979). ‑‑‑‑S. 15‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Petitioner claiming superiority of his pre‑emption right on ground of his relationship being brother of vendor and co‑owner in the Patti ‑‑‑No decree was passed in favour of petitioner till 31st of July, 1986‑‑‑Ground pressed for claiming superior right of pre‑emption being not available after 31st of July, 1986, suit could not, end in favour of petitioner‑‑‑No ground was made out for interference in the order passed by Court below‑‑‑Leave to appeal was refused.
Judgment & Decree
‑‑‑‑S. 15‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Petitioner claiming superiority of his pre‑emption right on ground of his relationship being brother of vendor and co‑owner in the Patti ‑‑‑No decree was passed in favour of petitioner till 31st of July, 1986‑‑‑Ground pressed for claiming superior right of pre‑emption being not available after 31st of July, 1986, suit could not, end in favour of petitioner‑‑‑No ground was made out for interference in the order passed by Court below‑‑‑Leave to appeal was refused. Ghazanfar Ali Gondal, Advocate instructed by Ejaz Ahmad Khan, Advocate‑on‑Record for Petitioner. Tanvir Ahmed, Advocate‑on‑Record for Respondents. Date of hearing: 27th February, 1992. SHAFIUR RAHMAN, J.‑‑‑The petitioner was a pre‑emptor claiming superiority of his pre‑emption right on the ground of his relationship being brother of the vendor and co‑owner in the Patti. No decree was passed in favour of the petitioner till 31st of July, 1986. The High Court has held that the order rejecting the plaint was not proper but at the same time .has not allowed the continuation of the proceedings because it would be an exercise in futility.
2. We find that indeed the ground pressed for claiming superior right of pre‑emption was not available after‑31st of July, 1986 and the suit could not end in favour of the petitioner. The order of the High Court is, therefore, unexceptional.
3. No case is made out for interference. Hence, leave to appeal is refused. A.A./S‑665/S Leave refused.