1989SCMR934 (PLP)
BASHIR AHMAD and others — Petitioners Versus FAZAL ELAHI and others — Respondents
| Citation | 1989SCMR934 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | BASHIR AHMAD and others — Petitioners Versus FAZAL ELAHI and others — Respondents |
| Primary Law | Punjab Pre-emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 1989SCMR934 (PLP)?
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 1989SCMR934 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR934 (PLP) (BASHIR AHMAD and others — Petitioners Versus FAZAL ELAHI and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Mushtaq Ahmad Khan, Advocate Supreme Court and Iqbal Ahmad Qureshi, Advocate-on-Record for Petitioners (in C.P.S.LA. 1104 of 1985).
- Nemo for Respondents.
- Ch. Muhammad Ashraf, Advocate Supreme Court with Rana Maqbool Ahmad Oadri, Advocate-on-Record for Petitioners (in C.P.S.LA. No.238 of 1988).
- Ch. Mehdi Khan Mehtab, Advocate-on-Record for Respondents Nos. 1 and 2.
- Advocate-on-Record for Petitioners (in C.P.S.LA. No.1056 of 1985).
- Nemo for Respondents.
- Date of hearing: 7th June, 1988.
- Ch. Mushtaq Ahmad Khan, Advocate Supreme Court and Iqbal Ahmad Qureshi, Advocate‑on‑Record for Petitioners (in C.P.S.LA. 1104 of 1985).
- Ch. Muhammad Ashraf, Advocate Supreme Court with Rana Maqbool Ahmad Oadri, Advocate‑on‑Record for Petitioners (in C.P.S.LA. No.238 of 1988).
- Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondents Nos. 1 and 2.
- Muhammad Zahid Abbasi, Advocate Supreme Court and Ch. Mehdi Khan Mehtab,
- Advocate‑on‑Record for Petitioners (in C.P.S.LA. No.1056 of 1985).
Headnotes / Summary
S.4--Constitution of Pakistan (1973), Art.185(3)--Petition for leave to appeal- Pre-emption suit--No decree was passed in favour of pre-emptors at any stage prior to 31st July, 1986--No decree, held, could be passed after 31st July 1986 in view of judgment of Supreme Court reported as P L D 1988 S C 287. Sardar Ali's case P L D 1988 S C 287 rel. Muhammad Zahid Abbasi, Advocate Supreme Court and Ch. Mehdi Khan Mehtab,
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑These three‑petitions by vendees have arisen out of pre‑emption matters. Their learned counsel have stated that no decree was passed in favour of any of the respondents‑pre‑emptors at any stage by any Court prior to the 31st of July, 1986. That being so, no decree can be passed in favour of either of them now as held by this Court in the case of Sardar Ali PLD 1988 S C
287. If position taken by the learned counsel to the effect that no decree was passed in favour of the respondents pre‑emptors prior to the 31st of July, 1986, is correct, these petitions have become infructuous and are dismissed accordingly with the observation that they may take up the plea raised by them, before the Courts where the cases might be pending. M.Y.H./B‑88/S Petitions dismissed