1981 PLP 814 (CLC)
WAZIR MUHAMMAD AND 3 OTHERS‑Appellants Versus ABDUL AZIZ AND ANOTHER‑Respondents
| Citation | 1981 PLP 814 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Munawwar Elahee Rana, J |
| Parties | WAZIR MUHAMMAD AND 3 OTHERS‑Appellants Versus ABDUL AZIZ AND ANOTHER‑Respondents |
Q1: What are the key laws and sections cited in 1981 PLP 814 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 814 (CLC)?
The case was heard and decided by the Lahore bench comprising: Munawwar Elahee Rana, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 814 (CLC) (WAZIR MUHAMMAD AND 3 OTHERS‑Appellants Versus ABDUL AZIZ AND ANOTHER‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mian M. Ashraf, Ch. Mohammad Abdul Wahid and Muhammad Zafar Chaudhri for Appellant.
- Shahid Hussain Kadrt for Respondent.
- Dates of hearing : 26th November; 3rd, 4th and 7th December, 1980.
Headnotes / Summary
(a) Suits Valuation Act (VII of 1887)‑ ‑‑ S. 3‑Valuation of suit, objection to‑Plaintiffs‑pre‑emptors fixing a certain value for suit but defendants (vendees) not seriously objecting to jurisdictional value fixed by plaintiffs either in trial Court or in appellate Court‑Such objection, held, cannot be raised in second appeal.‑[Pre‑emption‑Second appeal]. (b) Punjab Pre‑emption Act (I of 1913)‑ ‑‑‑S. 4‑Partial pre‑emption‑Sale relating to areas situated in different Khasra numbers‑Few Khasra numbers omitted in suit‑‑Held, particular area cannot be said to have been excluded from being sued for in circumstances and case may be one of misdescription of land but not of partial pre‑emption. (e) Punjab Pre‑emption Act (I of 1913)‑ S. 4 read with West Pakistan Land Reforms Regulation [C. M. L. A.'s 64 of 1959], para. 25‑Sale against restrictions on alienation of hold ings‑Appellants (vendees) not denying sale but objecting to sale being hit by Martial Law Regulation 64‑Objection, held cannot be entertained unless raised in pleadings and parties allowed to meet objection by leading evidence.‑[Pleadings]. (d) Punjab Pre‑emption Act (I of 1913)‑‑‑ ‑‑ S. 4‑Partial pre‑emption‑Shares of each vendee separately speci fied but not shown each vendee paying his share of price separately to vendor‑Sale, held, indivisible‑‑Further held, vendees had reduced their status to that of stranger by joining in purchase a stranger.
Judgment & Decree
(b) Punjab Pre‑emption Act (I of 1913)‑ ‑‑‑S. 4‑Partial pre‑emption‑Sale relating to areas situated in different Khasra numbers‑Few Khasra numbers omitted in suit‑‑Held, particular area cannot be said to have been excluded from being sued for in circumstances and case may be one of misdescription of land but not of partial pre‑emption. (e) Punjab Pre‑emption Act (I of 1913)‑ S. 4 read with West Pakistan Land Reforms Regulation [C. M. L. A.'s 64 of 1959], para. 25‑Sale against restrictions on alienation of hold ings‑Appellants (vendees) not denying sale but objecting to sale being hit by Martial Law Regulation 64‑Objection, held cannot be entertained unless raised in pleadings and parties allowed to meet objection by leading evidence.‑[Pleadings]. (d) Punjab Pre‑emption Act (I of 1913)‑‑‑ ‑‑ S. 4‑Partial pre‑emption‑Shares of each vendee separately speci fied but not shown each vendee paying his share of price separately to vendor‑Sale, held, indivisible‑‑Further held, vendees had reduced their status to that of stranger by joining in purchase a stranger. Mian M. Ashraf, Ch. Mohammad Abdul Wahid and Muhammad Zafar Chaudhri for Appellant. Shahid Hussain Kadrt for Respondent. Dates of hearing : 26th November; 3rd, 4th and 7th December, 1980.