1989 PLP 1134 (SCMR)
Mst. SAKINA MAI through her mother and 3 others‑‑Petitioners Versus Malik ZAHOOR HUSSAIN and 2 others‑‑Respondents
| Citation | 1989 PLP 1134 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Ali Hussain Qazilbash, JJ |
| Parties | Mst. SAKINA MAI through her mother and 3 others‑‑Petitioners Versus Malik ZAHOOR HUSSAIN and 2 others‑‑Respondents |
| Primary Law | Punjab Pre‑emption Act (I of 1913)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1134 (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 1989 PLP 1134 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1134 (SCMR) (Mst. SAKINA MAI through her mother and 3 others‑‑Petitioners Versus Malik ZAHOOR HUSSAIN and 2 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghulam Dastgir, Advocate ‑on‑Record for Petitioners.
- M.Kowkab Iqbal, Advocate‑on‑Record for Respondent No.1.
- Date of hearing: 9th April, 1989.
Headnotes / Summary
(On appeal from the order, dated 5th December, 1988 of the Lahore High Court in Civil Revision No.402 of 1986). ‑‑‑S.16‑‑Pre‑emption‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Question involved was; whether, right of pre‑emption was available to the plaintiff vis‑a‑vis the Mohallah in question‑‑Leave had already been granted in respect of the same Mohallah in Mst. Khurshid Bibi v. Allah Ditta 1985 S C M R 1097 and was pending‑‑Leave to appeal was granted in the present case also. Mst. Khurshid Bibi v. Allah Ditta 1985 S C M R 1097 ref. Nemo for the Remaining Respondents.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH,J.‑‑Leave to appeal has been sought by vendee /defendant side in a suit for pre‑emption, against the dismissal by the High Court, of their Civil Revision. The suit property is a house and is situate in a Mohallah of Multan Citv. The question involved is; whether, right of pre‑emption was available to respondent/plaintiff vis‑a‑vis the Mohallah in question. Leave to appeal has already been granted in respect of the same Mohallah ‑ Mst. Khurshid Bibi v. Allah Ditta 1985 S C M R 1(x)
7. Civil Appeal No.871 of 1984, in that behalf, is pending. Leave to appeal is granted in the present case also. Both the appeals shall be heard together. Security Rs.5,
000. The appeal shall be prepared on the present record with direction to the parties to file all additional documents which would be necessary for disposal of appeal. M.BA./S‑272/S Leave granted.