1991 PLP 1903 (SCMR)
MUHAMMAD HANIF and another — Petitioners Versus ABDUL AZIZ since dead now represented by
| Citation | 1991 PLP 1903 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, Ghulam Mujaddid and Naimuddin, JJ |
| Parties | MUHAMMAD HANIF and another — Petitioners Versus ABDUL AZIZ since dead now represented by |
| Primary Law | Punjab Pre-emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 1991 PLP 1903 (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 1991 PLP 1903 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, Ghulam Mujaddid and Naimuddin, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1903 (SCMR) (MUHAMMAD HANIF and another — Petitioners Versus ABDUL AZIZ since dead now represented by). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Abdus Saleem, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate-on-Record for Petitioners.
- Ch. Akhtar Ali, Advocate-on-Record for Respondents.
- Date of hearing: 17th October, 1989.
- Ch. Muhammad Abdus Saleem, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioners.
- Ch. Akhtar Ali, Advocate‑on‑Record for Respondents.
Headnotes / Summary
(On appeal from the judgment dated 2-7-89 of the Lahore High Court, Rawalpindi Bench, Rawalpindi in RSA No.39 of 1985).
S. 7
Constitution of Pakistan (1973), Art. 185(3)
Custom of pre-emption-- Proof of existence
Concurrent findings of all the three Courts below that custom of pre-emption existed at time of commencement of Pre-emption Act in Mohafah -Shah Chan Chiragh, Rawalpindi in which house in dispute was situated, being based on evidence and other circumstances, held, could not be interfered with
Leave to appeal was refused.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑‑A house situated in Mohallah Shah Chan Chiragh, Rawalpindi was sold by the brother of Abdul Aziz, predecessor‑in -interest of Respondents Nos.l to 5, in favour of Muhammad Hanif, petitioner, through a Registered Sale‑Deed dated 6‑11‑1972. A pre‑emption suit was filed by Abdul Aziz, aforesaid, for which the following issues arose:‑
(1) Whether Mohallah Shah Chan Chiragh is a recognized Sub‑Division? OPP (2) If Issue No.l is proved in affirmative whether custom of pre‑emption existed in the said Sub‑Division at the commencement of Pre‑emption Act? OPP The suit was decreed by the learned trial Court on 17‑5‑1978 holding that Mohallah Shah Chan Chiragh was a recognized Sub‑Division for the purposes of pre‑emption and that the custom of pre‑emption existed in the said Mohallah. The learned District Judge, on appeal, upheld the decision of the learned trial Court by a judgment and decree dated 12‑2‑1985. These judgments and decrees were also upheld on second appeal by the High Court vide judgment dated 2‑7‑1989. Hence this petition for leave to appeal. We have heard Ch. Muhammad Abdus Saleem in support of this petition who has vigorously submitted that there was no sufficient evidence on the record to establish the existence of the custom of pre‑emotion in Mohallah Shah Chan Chiragh at the commencement of the Pre‑emotion Act. This aspect of the matter has been discussed by all the three Courts below and it has been found that the evidence on the record and the other circumstances clearly show that the custom of pre‑emotion did exist in the said Sub‑Division at the commencement of the Pre‑emotion Act. We are inclined to agree with this assessment of the situation and hence find no ground for interference. This petition, accordingly, fails and is dismissed hereby. H.B.T./M‑1117/S Petition dismissed.