1989 PLP 1422 (SCMR)
REHMAT ALI and another Petitioners Versus MUHAMMAD MUNIR ALI KHAN and 4 others Respondents
| Citation | 1989 PLP 1422 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal, JJ |
| Parties | REHMAT ALI and another Petitioners Versus MUHAMMAD MUNIR ALI KHAN and 4 others Respondents |
| Primary Law | Punjab Pre‑emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 1989 PLP 1422 (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 1989 PLP 1422 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1422 (SCMR) (REHMAT ALI and another Petitioners Versus MUHAMMAD MUNIR ALI KHAN and 4 others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Munir Hussain Shah, Advocate Supreme Court and S. Wajid Hussain Shah, Advocate‑on‑Record (absent) for Petitioners (in C.P. 344 of 1981).
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents (in C.P. No. 344 of 1981).
- Malik A. R. Arshad, Advocate Supreme Court and Abid Nawaz, Advocate‑on‑Record for Petitioners (in C. P. No.485 of 1981).
- Nemo for Respondents (in C.P. No.485 of 1981).
- Date of hearing: 4th May, 1988.
Headnotes / Summary
‑‑‑S.15‑‑Pre‑emption suit‑‑No decree of pre‑emption had so far been passed in the case‑‑Law under which suits were instituted by petitioners had ceased to have effect on 31st July, 1986 by virtue of the judgment of the Shariat Appellate Bench of Supreme Court in case of Government of N.‑W.F.P. v. Malik Said Kamal Shah P L D 1986 S C 36‑‑No decree, held, could now be passed, for the first time, on the basis of the said law in favour of the petitioners.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑The pre‑emptors/plaintiffs in two separate cases, have sought leave to appeal from two separate judgments of the Lahore High Court; whereby, in one case, the petitioners' Civil Revision and, in the other case, the petitioners' First Regular Appeal, were dismissed.
2. It is admitted by both the learned counsel that no decree of pre‑emption has so far been passed in any of these cases. The law under which the suits were instituted by the petitioners ceased to have effect on 31st of July, 1986 by virtue of the judgment of the Shariat Appellate Bench of this Court in case of Government A of N.‑W.F.P. v. Malik Said Kama Shah (P L D 1986 S C 360). That being so, no decree can now be passed for the first time on the basis of the said law in favour of the petitioners. Leave to appeal is, accordingly refused. M.B.A./R‑89/S Petitions dismissed