1994 PLP 1131 (SCMR)
FATEHUR REHMAN‑‑‑Petitioner Versus UMARA KHAN and 5 others‑‑‑Respondents
| Citation | 1994 PLP 1131 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Afzal Zullah, C.J. and Sajjad Ali Shah, J |
| Parties | FATEHUR REHMAN‑‑‑Petitioner Versus UMARA KHAN and 5 others‑‑‑Respondents |
| Primary Law | North‑West Frontier Province Pre‑emption Act (X of 1987)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 1131 (SCMR)?
This judgment primarily cites: North‑West Frontier Province Pre‑emption Act (X of 1987)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 1131 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Afzal Zullah, C.J. and Sajjad Ali Shah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 1131 (SCMR) (FATEHUR REHMAN‑‑‑Petitioner Versus UMARA KHAN and 5 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Waris Khan, Advocate Supreme Court and Jan Muhammad Khan, Advocate‑on‑Record (absent) for Petitioner.
- Nemo for Respondents.
- Date of hearing: 9th February, 1993.
Headnotes / Summary
(On appeal from the judgment dated 20‑11‑1991 of the Peshawar High Court, Peshawar, in Civil Revision No. 394/87). ‑‑‑S.12‑‑‑Constitution of Pakistan (1973), Art. 185 (3)‑‑‑Plaintiff's suit for pre emption was decreed in 1987, much beyond the target date of 31st July 1986‑‑ Such fact having been noticed subsequently, decree in question, was set aside‑‑ High Court upheld the plea that decree not having been passed before the target date nor Talabs having been established, case was covered by the decision of Supreme Court in Rozi Khan's Case (1992 SCMR 445)‑‑‑High Court's decision was correct and would not justify interference on any ground‑‑‑Leave to appeal was refused in circumstances.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, CJ. ‑‑‑This petition arises out of the plaintiff/petitioner's suit for pre‑emption. His suit was decreed in 1987 much beyond the target date in 1986. This having been noticed subsequently, the decree was set aside. In the High Court upheld the plea that the decree not having been passed before the target date nor the Talabs having been established, the case was covered by the decision of this Court in the case of Rozi Khan v Syed Karim Shah (1992 SCMR 445). Learned counsel for the petitioner when called upon to over come this difficulty argued that the impugned judgment were without jurisdiction, because the case should have been referred to the Collector on account of the involvement of the right of pre‑emption on the ground of tenancy. Even if it was so the fact remains that there was no decree prior to the target date in favour of the petitioner nor Talabs having been established, this case is fully covered by the decision in the above noticed judgment of this Court. Leave to appeal, accordingly, is refused. AA./F‑280/S Leave refused.