1993 PLP 696 (SCMR)
ZAFARULLAH KHAN‑‑‑Appellant Versus MUHAMMAD KHAN and others‑‑‑Respondents
| Citation | 1993 PLP 696 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saad Saood Jan and Saleem Akhtar, JJ |
| Parties | ZAFARULLAH KHAN‑‑‑Appellant Versus MUHAMMAD KHAN and others‑‑‑Respondents |
| Primary Law | Punjab Pre‑emption Act (IX of 1991)‑‑‑ |
Q1: What are the key laws and sections cited in 1993 PLP 696 (SCMR)?
This judgment primarily cites: Punjab Pre‑emption Act (IX of 1991)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 696 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan and Saleem Akhtar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 696 (SCMR) (ZAFARULLAH KHAN‑‑‑Appellant Versus MUHAMMAD KHAN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Izharul Haque, Advocate Supreme Court assisted by Tanvir Ahmed, Advocate‑on‑Record for Appellant (in Civil Appeal No.1382 of 1990).
- M. Iqbal Ahmed Qureshi, Advocate‑on‑Record for Respondents (in Civil Appeal No.1382 of 1990).
- Ch. Muhammad Tufail, Advocate Supreme Court assisted by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellants (in Civil Appeal No.1383 of 1990).
- Nemo for Respondents (in Civil Appeal No.1383 of 1990).
- Jahangir A. Jhojha, Advocate Supreme Court assisted by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellant (in Civil Appeal No.1384 of 1990).
- Nemo for Respondent (in Civil Appeal No.1384 of 1990).
- M. Anwar Ghumman Advocate Supreme Court assisted by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellants (in Civil Appeal No.1385 of 1990).
- Sher Zaman, Advocate Supreme Court for Respondent (in Civil Appeal No.1385 of 1990).
- Khawaja Muhammad Farooq, Advocate Supreme Court instructed by S. Inayat Hussain Shah, Advocate‑on‑Record for Appellants (in Civil Appeal No.1386 of 1990).
- C. A. Rehman, Advocate Supreme Court assisted by Ghulam Mujtaba, Advocate‑on‑Record for Respondent (in Civil Appeal No.1386 of 1990)'
- Malik Saeed Hassan, Senior Advocate Supreme Court assisted by Rana Maqbul Ahmad Kadri, Advocate‑on‑Record for Appellants (in Civil Appeal No.1M7 of 1990).
- Kh. Saeed‑ul‑Hassan, Advocate Supreme Court instructed by MA. Qadri, Advocate‑on‑Record for Respondent (in Civil Appeal No.1387 of 1990).
- Ch. Muhammad Haqoob Sidhu, Advocate Supreme Court instructed by Muhammad Aslam Chaudhry; Advocate‑on‑Record for Appellants (in Civil Appeal No.1388 of 1990).
- Zain‑ul‑Abidin, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondents (in Civil Appeal No.1388 of 1990).
- Mian Munawar Hussain, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate‑on‑Record for Appellants (in Civil Appeal No.1389 of 1990).
- Jehangir A. Jhojha Advocate Supreme Court for Respondents (in Civil Appeal No. 1389 of 1990).
- Agha Taj Muhammad, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellants (in Civil Appeal No.1390 of 1990).
- Malik Sher Bahader, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate‑on‑Record for Respondent (in Civil Appeal No.1390 of 1990).
- Ch. Muhammad Yaqub Sabir, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellants (in Civil Appeal No.1391 of 1990).
- Hamid Khan, Advocate Supreme Court instructed by M. Ejaz Ahmad, Advocate‑on‑Record for Respondent (in Civil Appeal No.1391 of 1990).
- Malik Saeed Hassan, Senior Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellant (in Civil Appeal No. 1392 of 1990).
- Saleem Saighel, Advocate Supreme Court for Respondent (in Civil Appeal No.1392 of 1990).
- Muhammad Aslam Nagi, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Appellant (in Civil Appeal No.1394 of 1990). .
- Muhammad Aslam, Advocate‑on‑Record for Respondents (in Civil Appeal No.1394 of 1990).
- Q. M. Salim, Senior Advocate Supreme Court assisted by Tanvir Ahmad, Advocate‑on‑Record for Appellants (in Civil Appeals Nos.1395 and 1396 of 1990).
- Nemo for Respondent (in Civil Appeals Nos.1395 and 1396 of 1990),
- Taqi Ahmad ,Khan, Advocate Supreme Court instructed by Taj Muhammad Langah, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Appellant (in Civil Appeal No.1397 of 990).
- Nemo for Respondents (in Civil Appeal No.1397 of 1990).
- Jehangir A. Jhojha, Advocate with A. W. Butt, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on‑Record for Appellants (in Civil Appeal No.1398 of 1990).
- Hassan Ahmed Kanwar, Advocate Supreme Court instructed by S. Inayat Hussain, Advocate‑on‑Record for Respondents Nos.l to 7 (in Civil Appeal No.1398 of 1990).
- Muhammad Siddique Kamyana, Advocate Supreme Court instructed by Mian Ata‑ur‑Rehman, Advocate‑on‑Record for Appellants (in Civil Appeal No.1399 of 1990).
- Hassan Ahmed Khan Kanwar, Advocate Supreme Court instructed by S. Inayat Hussain, Advocate‑on‑Record for Respondents (in Civil Appeal No.1399 of 1990).
- Ch. Nabi Ahmed Cheema, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellant (in Civil Appeals Nos.1400 and 1401 of 1990).
- M. A. Qureshi, Advocate‑on‑Record for Respondent (in Civil Appeals Nos.1400 and 1401 of 1990).
- Ch. Muhammad Abdus Saleem, Advocate Supreme Court instructed, by Muhammad Aslam Chaudhry for Appellant (in. Civil Appeal No.1405 of 1990).
- Nemo for Respondent (in Civil Appeal No.1405 of 1990).
- Syed Samar Hussain, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Appellants (in Civil Appeal No.1406 of 1990).
- Ali Imam Niazi, Advocate Supreme Court instructed by Ali Imam Naqvi, Advocate‑on‑Record for Respondents (in Civil Appeal No.1406 of 1990).
- Tanvir Ahmed, Advocate‑on‑Record for Appellants (in Civil Appeal No.1408 of 1990).
- Muhammad Saeed Akhtar, Advocate Supreme Court for Respondents (in Civil Appeal No.1408 of 1990).
- Mian Sher Alam, Advocate Supreme Court instructed by S. Inayat Hussain, Advocate‑on‑Record for Appellant (in Civil Appeal No.1409 of 1990).
- Ejaz Muhammad Khan, Advocate‑on‑Record for Respondent (in Civil Appeal No.1409 of 1990).
- Ch. Hafeez Ahmad, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellant (in Civil Appeal No.1410 of 1990).
- Mian Sher Ahmad, Advocate Supreme Court instructed by Abul Aasim Jafri, Advocate‑on‑Record for Respondents (in Civil Appeal No.1410 of 1990).
- Date of hearing (in all C.As.): 18th November, 1992.
Headnotes / Summary
‑‑‑‑S.34(2)‑‑‑Expression judgment and decree" occurring in S.34(2) refer to those judgments and decrees alone which had been passed in favour of pre emptors ‑‑‑Contention that even though suits of pre‑emptors were not decreed before 31‑7‑1986 yet the decrees passed after that date stood saved by the provisions of S.34(2) was repelled. Government of N.‑W.F.P. v. Said Kamal Shah PLD 1986 SC 360; Sardar Ali v. Muhammad Ali PLD 1988 SC 287; Mst. Aziz Begum v. Federation of Pakistan PLD 1990 SC 899; Muhammad Sharif v. Muhammad Sharif 1992 SCMR 1129 and Rozi Khan v. Karim Shah 1992 SCMR 445 fol.
Judgment & Decree
versus MUHAMMAD IOBAL‑‑‑Respondent (On appeal from the judgment/order of Lahore High Court, Lahore dated 10‑12‑1989 in Civil Revision No.2047 of 1989). Civil Appeal No.1406 of 1990 HIDAYAT and 2 others‑‑‑Appellants versus MUHAMMAD YAQOOB and 5 others‑‑‑Respondents (On appeal from the judgment/order of Lahore High Court, Lahore dated 3‑3‑1990 in Civil Revision No.545‑D of 1990). Civil Appeal No.1408 of 1990 MUHAMMAD SALEEM and 3 others‑‑‑Appellants versus BARKAT ALI and another‑‑‑Respondents (On appeal from the judgment/order of Lahore High Court, Lahore dated 12‑3‑1990 in R.F.A. No.106 of 1989). Civil Appeal N o.1409 of 1990 MUHAMMAD KHAN‑‑‑Appellant versus (On appeal from the judgment/order of Lahore High Court, Lahore dated 14‑4‑1990 in Civil Revision No.912‑D of 1990). Civil Appeal No.1410 of 1990 MUHAMMAD SHARIF‑‑‑Appellant versus MUSHTAQ HUSSAIN and 3 others‑‑‑Respondents (On appeal from the judgment/order of Lahore High Court, Lahore dated 18‑3‑1990 in Civil Revision No. 146 of 1977). Civil Appeals Nos.1382 to 1392, 1394 to 1401, 1405 to 1406 and 1408 to 1410 of 1990, decided on 18th November, 1992. ‑‑‑‑S.34(2)‑‑‑Expression judgment and decree" occurring in S.34(2) refer to those judgments and decrees alone which had been passed in favour of pre emptors ‑‑‑Contention that even though suits of pre‑emptors were not decreed before 31‑7‑1986 yet the decrees passed after that date stood saved by the provisions of S.34(2) was repelled. Government of N.‑W.F.P. v. Said Kamal Shah PLD 1986 SC 360; Sardar Ali v. Muhammad Ali PLD 1988 SC 287; Mst. Aziz Begum v. Federation of Pakistan PLD 1990 SC 899; Muhammad Sharif v. Muhammad Sharif 1992 SCMR 1129 and Rozi Khan v. Karim Shah 1992 SCMR 445 fol. Izharul Haque, Advocate Supreme Court assisted by Tanvir Ahmed, Advocate‑on‑Record for Appellant (in Civil Appeal No.1382 of 1990). M. Iqbal Ahmed Qureshi, Advocate‑on‑Record for Respondents (in Civil Appeal No.1382 of 1990). Ch. Muhammad Tufail, Advocate Supreme Court assisted by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellants (in Civil Appeal No.1383 of 1990). Nemo for Respondents (in Civil Appeal No.1383 of 1990). Jahangir A. Jhojha, Advocate Supreme Court assisted by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellant (in Civil Appeal No.1384 of 1990). Nemo for Respondent (in Civil Appeal No.1384 of 1990). M. Anwar Ghumman Advocate Supreme Court assisted by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellants (in Civil Appeal No.1385 of 1990). Sher Zaman, Advocate Supreme Court for Respondent (in Civil Appeal No.1385 of 1990). Khawaja Muhammad Farooq, Advocate Supreme Court instructed by S. Inayat Hussain Shah, Advocate‑on‑Record for Appellants (in Civil Appeal No.1386 of 1990). C. A. Rehman, Advocate Supreme Court assisted by Ghulam Mujtaba, Advocate‑on‑Record for Respondent (in Civil Appeal No.1386 of 1990)' Malik Saeed Hassan, Senior Advocate Supreme Court assisted by Rana Maqbul Ahmad Kadri, Advocate‑on‑Record for Appellants (in Civil Appeal No.1M7 of 1990). Kh. Saeed‑ul‑Hassan, Advocate Supreme Court instructed by MA. Qadri, Advocate‑on‑Record for Respondent (in Civil Appeal No.1387 of 1990). Ch. Muhammad Haqoob Sidhu, Advocate Supreme Court instructed by Muhammad Aslam Chaudhry; Advocate‑on‑Record for Appellants (in Civil Appeal No.1388 of 1990). Zain‑ul‑Abidin, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondents (in Civil Appeal No.1388 of 1990). Mian Munawar Hussain, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate‑on‑Record for Appellants (in Civil Appeal No.1389 of 1990). Jehangir A. Jhojha Advocate Supreme Court for Respondents (in Civil Appeal No. 1389 of 1990). Agha Taj Muhammad, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellants (in Civil Appeal No.1390 of 1990). Malik Sher Bahader, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate‑on‑Record for Respondent (in Civil Appeal No.1390 of 1990). Ch. Muhammad Yaqub Sabir, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellants (in Civil Appeal No.1391 of 1990). Hamid Khan, Advocate Supreme Court instructed by M. Ejaz Ahmad, Advocate‑on‑Record for Respondent (in Civil Appeal No.1391 of 1990). Malik Saeed Hassan, Senior Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellant (in Civil Appeal No. 1392 of 1990). Saleem Saighel, Advocate Supreme Court for Respondent (in Civil Appeal No.1392 of 1990). Muhammad Aslam Nagi, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Appellant (in Civil Appeal No.1394 of 1990). . Muhammad Aslam, Advocate‑on‑Record for Respondents (in Civil Appeal No.1394 of 1990). Q. M. Salim, Senior Advocate Supreme Court assisted by Tanvir Ahmad, Advocate‑on‑Record for Appellants (in Civil Appeals Nos.1395 and 1396 of 1990). Nemo for Respondent (in Civil Appeals Nos.1395 and 1396 of 1990), Taqi Ahmad ,Khan, Advocate Supreme Court instructed by Taj Muhammad Langah, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Appellant (in Civil Appeal No.1397 of 990). Nemo for Respondents (in Civil Appeal No.1397 of 1990). Jehangir A. Jhojha, Advocate with A. W. Butt, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on‑Record for Appellants (in Civil Appeal No.1398 of 1990). Hassan Ahmed Kanwar, Advocate Supreme Court instructed by S. Inayat Hussain, Advocate‑on‑Record for Respondents Nos.l to 7 (in Civil Appeal No.1398 of 1990). Muhammad Siddique Kamyana, Advocate Supreme Court instructed by Mian Ata‑ur‑Rehman, Advocate‑on‑Record for Appellants (in Civil Appeal No.1399 of 1990). Hassan Ahmed Khan Kanwar, Advocate Supreme Court instructed by S. Inayat Hussain, Advocate‑on‑Record for Respondents (in Civil Appeal No.1399 of 1990). Ch. Nabi Ahmed Cheema, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellant (in Civil Appeals Nos.1400 and 1401 of 1990). M. A. Qureshi, Advocate‑on‑Record for Respondent (in Civil Appeals Nos.1400 and 1401 of 1990). Ch. Muhammad Abdus Saleem, Advocate Supreme Court instructed, by Muhammad Aslam Chaudhry for Appellant (in. Civil Appeal No.1405 of 1990). Nemo for Respondent (in Civil Appeal No.1405 of 1990). Syed Samar Hussain, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Appellants (in Civil Appeal No.1406 of 1990). Ali Imam Niazi, Advocate Supreme Court instructed by Ali Imam Naqvi, Advocate‑on‑Record for Respondents (in Civil Appeal No.1406 of 1990). Tanvir Ahmed, Advocate‑on‑Record for Appellants (in Civil Appeal No.1408 of 1990). Muhammad Saeed Akhtar, Advocate Supreme Court for Respondents (in Civil Appeal No.1408 of 1990). Mian Sher Alam, Advocate Supreme Court instructed by S. Inayat Hussain, Advocate‑on‑Record for Appellant (in Civil Appeal No.1409 of 1990). Ejaz Muhammad Khan, Advocate‑on‑Record for Respondent (in Civil Appeal No.1409 of 1990). Ch. Hafeez Ahmad, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Appellant (in Civil Appeal No.1410 of 1990). Mian Sher Ahmad, Advocate Supreme Court instructed by Abul Aasim Jafri, Advocate‑on‑Record for Respondents (in Civil Appeal No.1410 of 1990). Date of hearing (in all C.As.): 18th November, 1992. SAAD SAOOD JAN, J.‑‑‑These appeals arise out of suits for pre- emption and have been preferred by the vendees. They all have a common feature in that the suits were decreed in favour of the pre‑emptors for the first time after 31‑7‑1986. In view of the judgments of this Court in the cases of Government of N.‑W.F.P. v. Said Kamal Shah (PLD 1986 SC 360), Sardar Ali v. Muhammad Ali (PLD 1988 SC 287) and Mst. Aziz Begum v. Federation of Pakistan (PLD 1990 SC 899) the suits could not have been decreed in favour of the pre‑emptors after the aforementioned date. Accordingly, the decrees passed in favour of the pre‑emptors cannot be supported.
2. Civil Appeals Nos. 1382, 1383, 1385, 1386, 1388, 1389, 1390, 1392, 1400, 1401, 1402, 1403, 1405, 1406, 1409 and 1410 of 1990 have another common feature also. The suits relating to these appeals were instituted before 31‑7‑1986 and were also dismissed by the trial Court before that day. Learned counsel appearing for the pre‑emptors in these appeals contend that section 34(2), the‑Punjab Pre‑emption Act, 1991, has expressly saved their suits and thus the rule laid down by this Court in the abovementioned and other cases that no decree could be passed in favour of the pre‑emptor after 31‑7‑1986 is not applicable to them; consequently, the decrees passed in their favour even though on a date falling after 31‑7‑1986 are immune from challenge. Section 34(2), ibid, reads as follows:‑‑ "Nothwithstanding anything contained in this Act, in the cases and appeals filed under the Punjab Pre‑emption Act, 1913 (I of 1913) in which judgments and decrees had been passed before the 1st day of August, 1986, further proceedings if any relating to such cases and appeals shall notwithstanding the repeal of the said Act be governed and continued in accordance with the provisions thereof." It is argued that as trial Court finally decided these suits before 1‑8‑1986 even though against them, by operation of the above subsection their rights were to be governed by the old Pre‑emption Act. To strengthen this contention reliance has been placed upon a judgment of this Court reported as Muhammad Sharif v. Muhammad Sharif (1992 SCMR 1129). This judgment, no doubt, supports the pre‑emptors' contention.
3. The effect of a similar clause in the N.‑W.F.P. Pre‑emption Act has been considered by this Court in the case of Rozi Khan v. Karim Shah (1992 SCMR 445) by a much larger Bench. The view taken in this case is that the expression `judgment and decree' occurring in clause referred to those judgments and decrees alone which had been passed in favour of the pre emptors. It may be mentioned that the Punjab Pre‑emption Act, 1991, was enacted to give effect to the judgments of this Court in the cases of the Government of N.‑W.F.P. v. Said Kamal Shah, Sardar Ali v. Muhammad Ali, Mst. Aziz Begum v. Federation of Pakistan et seq. The view expressed in the Rozi Khan's case, ibid, is in accord with the above judgments of this Court. We would accordingly reject the contention of the pre‑emptors that even though their suits were not decreed before 31‑7‑1986 yet the decrees passed after that date stood saved by the provisions of section 34(2), ibid. We accept these appeals, set aside the decrees passed in favour of the pre‑emptors and dismiss their suits. There will be no order as to costs. M.B.A./Z‑146/S Appeals accepted.