1989 PLP 946 (SCMR)
Haji ABDUL HAKIM and others — Petitioners Versus ADDITIONAL DISTRICT JUDGE, PESHAWAR and others — Respondents
| Citation | 1989 PLP 946 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Mhammad Afzal Zullah, Saad Saood Jan and Ali Hussain Qazilbash, JJ |
| Parties | Haji ABDUL HAKIM and others — Petitioners Versus ADDITIONAL DISTRICT JUDGE, PESHAWAR and others — Respondents |
| Primary Law | North-West Frontier Province Pre-emption Act (X of 1987) |
Q1: What are the key laws and sections cited in 1989 PLP 946 (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 1989 PLP 946 (SCMR)?
The case was heard and decided by the High Court bench comprising: Mhammad Afzal Zullah, Saad Saood Jan 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 946 (SCMR) (Haji ABDUL HAKIM and others — Petitioners Versus ADDITIONAL DISTRICT JUDGE, PESHAWAR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Younus Shah, Advocate Supreme Court and S. Safdar Hussain, Advocate-on-Record for Petitioners.
- Qazi Abdur Rashid, Advocate Supreme Court and Jan Muhammad Khan, Advocate-on-Record for Respondents.
- Date of hearing: 14th December, 1988.
- Mian Younus Shah, Advocate Supreme Court and S. Safdar Hussain, Advocate‑on‑Record for Petitioners.
- Qazi Abdur Rashid, Advocate Supreme Court and Jan Muhammad Khan, Advocate‑on‑Record for Respondents.
Headnotes / Summary
(From the judgment dated 6-5-1986 of the Peshawar High Court, Peshawar, in Writ Petitions Nos.111 and 114 of 1983).
S.35(2)--Provisions of S.35(2) do not have the effect of saving the pending pre emption suits where the demands had not been made strictly m accordance with the Muslim Law. Sardar Ali v. Muhammad Ali P L D 1988 S C 287; Sher Muhammad v. Allah Ditta and 2 others P L .D1988 S C 412 and Government of N.-W.F.P. v. Malik Said Kamal Shah P L D 1986 S C 360 ref. Lobia Jan v. Roghan Shah P L D 1989 Pesh. 174 approved.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑These are two petitions for special leave to appeal by pre‑emptors whose constitution petitions against the dismissal of their suits have been dismissed. Admittedly, no decree has so far been passed in their favour. In view of the judgments of this Court in Sardar Ali v. Muhammad Ali (P L D 1988 S C 287) and Sher Muhammad v. Allah Ditta and 2 others (P L D 1988 S C 412), no decree can now be passed in their favour.
2. Learned counsel for the petitioners referred to the new Pre‑emption Act passed by the Provincial Assembly, that is, Act X of 1987, to give effect to the decision of the Shariat Appellate Bench of this Court in Government of N.‑W.F.P, v. Malik Said KamaI Shah (P L D 1986 S C 360) and contended that section 35(2) had the effect of saving the pending suits where the demands had not been made strictly in accordance with the Muslim Law. 1t may be mentioned A that this contention has already been examined by the Peshawar High Court in C. R. No.14 of 1988 (P L D 1989 Pesh. 174) and rejected. We see no reason to take a different view m the matter. The petitions are dismissed. M.B.A./A‑451/S Petitions dismissed.