1991 PLP 1768 (SCMR)
MISRI KHAN — Petitioner Versus IFTIKHAR AHMAD and others — Respondents
| Citation | 1991 PLP 1768 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, CJ. and Abdul Qadeer Chaudhry, J |
| Parties | MISRI KHAN — Petitioner Versus IFTIKHAR AHMAD and others — Respondents |
| Primary Law | Punjab Pre-emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 1991 PLP 1768 (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 1991 PLP 1768 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, CJ. and Abdul Qadeer Chaudhry, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1768 (SCMR) (MISRI KHAN — Petitioner Versus IFTIKHAR AHMAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Munir Paracha, Advocate Supreme Court and Manzoor Elahi, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 27th March, 1990.
- Muhammad Munir Paracha, Advocate Supreme Court and Manzoor Elahi, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(Against the judgment and order, dated 15-10-1988 of the Lahore High Court, Rawalpindi Bench, Rawalpindi in Regular Second Appeal No.10 of 1988).
Ss. 4 & 15
Constitution of Pakistan (1973), Art.185(3)
Preferential right of pre-emption
Courts below after considering statement of petitioner/pre-emptor himself wherein he conceded that he was not a co-sharer in Khata part whereof was sold to vendee and after taking into consideration evidence on record, concurrently recorded findings of fact that petitioner had no preferential right of pre-emption
No decree had been passed in favour of petitioner before crucial date viz. 31-7-1986
No point of law being involved in case, petition for leave to appeal was dismissed.
Judgment & Decree
ABDUL QADEER CHAUDHRY, J.‑‑‑By this common order these two petitions which are directed against the order of the High Court, dated 15‑10‑1988 are disposed of.
2. A piece of land in Village Ban Kotal, Tehsil Murree, District Rawalpindi, was sold by Mst. Hassan Jan in favour of the vendee respondents for a price of Rs.1,250 (in C.P. No.466‑R of 1988) and Rs.6,000 (in C.P. No.467‑R of 1988). The petitioner brought a suit for possession through pre‑emption on the ground of his being collateral of the vendor and co‑sharer. The learned trial Judge held that the pre‑emptor has a superior right but as the plaintiff has failed to pay the court‑fee, the suit was dismissed. The appeal filed by the petitioner was dismissed. The petitioner then filed a second appeal in the High Court which was also dismissed. Hence the present petition for leave to appeal.
3. Learned counsel for the petitioner submitted that the finding of the High Court that the petitioner is not a co‑sharer is based on misreading of evidence. The High Court has considered the statement of the petitioner wherein he conceded that he was not a co‑sharer in the Khata, part whereof was sold to the vendee. The evidence on record shows that the petitioner is not a co‑sharer. The petitioner has no preferential right. No decree had been passed in his favour before 31‑7‑1986. There are concurrent findings of fact of the Courts below.
4. No point of law is involved in these petitions. The petitions are dismissed and leave to appeal is refused. H.B.T./M‑1356/S Petitions dismissed.