1989SCMR694 (PLP)
BOSTAN KHAN — Petitioner Versus DAULAT ALI alias KHAN — Respondent
| Citation | 1989SCMR694 (PLP) |
| Forum / Court | High Court |
| Bench Members | Glulam Mujaddid and Usman Ali Shah, JJ |
| Parties | BOSTAN KHAN — Petitioner Versus DAULAT ALI alias KHAN — Respondent |
Q1: What are the key laws and sections cited in 1989SCMR694 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR694 (PLP)?
The case was heard and decided by the High Court bench comprising: Glulam Mujaddid and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR694 (PLP) (BOSTAN KHAN — Petitioner Versus DAULAT ALI alias KHAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Malik Muhammad Jaffar, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 10th December, 1988.
- Malik Muhammad Jaffar, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment and order dated 10-2-1988 of the Lahore High Court, Rawalpindi Bench, passed in R.S.A. No.176 of 1970). Punjab Pre-emption Act (1 of 1913)-- ,
S.4--Constitution of Pakistan (1973), Art.185(3)--Sale--Leave to appeal was granted tp consider, whether a Civil Court decree, based on a compromise between the parties, could itself be considered, a "sale" for the purpose of Punjab Pre-emption Act:
Judgment & Decree
USMAN ALI SHAH, J.‑‑Bostan Khan petitioner had purchased the disputed land measuring 102 kanals 11‑3/5 marlas with share of Shamilat situate at Mauza Adrana; Tehsil Jhelum from one Shah Wali. The present respondent Daulat Ali tiled a suit for possession through pre‑emption, in the Court of Civil Judge Jhelum, which was decreed in his favour on payment of Rs.10,954.89. Appeal of the petitioner before the Addl. District Judge, Jhelum was also, dismissed vide his judgment dated 30‑1‑1970. The regular second appeal of the petitioner before the High Court, remained unsuccessful vide impugned judgment. The petitioner now seeks leave to appeal from this Court. The contention on behalf of the petitioner is that whether a Civil Court Decree, passed in favour of the respondent, based on a compromise between the parties can itself be considered as a "sale" for the purpose of the Punjab Pre emption Act, is a point of consideration in this Court. Leave to appeal is therefore, granted. Security for costs in the sum of Rs.5,
000. The appeal is to be made ready on the present record. The parties, if desire; are permitted to file additional documents. Status quo is maintained. A.A./B‑81/S Leave to appeal granted.