1995 PLP 505 (MLD)
MUHAMMAD AKBAR and others‑‑‑Appellants Versus SHER MUHAMMAD and others‑‑‑Respondents
| Citation | 1995 PLP 505 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Khalil‑ur‑Rehman Khan, J |
| Parties | MUHAMMAD AKBAR and others‑‑‑Appellants Versus SHER MUHAMMAD and others‑‑‑Respondents |
| Primary Law | Land Reforms Regulation, 1972 [M.L.R. 115]‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 505 (MLD)?
This judgment primarily cites: Land Reforms Regulation, 1972 [M.L.R. 115]‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 505 (MLD)?
The case was heard and decided by the Lahore bench comprising: Khalil‑ur‑Rehman Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 505 (MLD) (MUHAMMAD AKBAR and others‑‑‑Appellants Versus SHER MUHAMMAD and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zahid Hussain Khan for Appellants.
- Shehbaz Khurshid for Respondents.
- Date of hearing: 15th June, 1994.
Headnotes / Summary
‑‑‑‑Para. 25‑‑‑Punjab Pre‑emption Act (I of 1913), S. 15‑‑‑Suit for pre‑emption on basis of tenancy and relationship was dismissed on ground of limitation but was remanded in appeal‑‑‑Validity‑‑‑Suit for pre‑emption on basis of tenancy and relationship could not be decreed after the crucial date 31‑7‑1986‑‑‑Trial of suit on merits would be exercised in futility‑‑‑Order of remand was set aside and order of dismissal of suit as ordered by Trial Court was restored.
Judgment & Decree
‑‑‑‑Para. 25‑‑‑Punjab Pre‑emption Act (I of 1913), S. 15‑‑‑Suit for pre‑emption on basis of tenancy and relationship was dismissed on ground of limitation but was remanded in appeal‑‑‑Validity‑‑‑Suit for pre‑emption on basis of tenancy and relationship could not be decreed after the crucial date 31‑7‑1986‑‑‑Trial of suit on merits would be exercised in futility‑‑‑Order of remand was set aside and order of dismissal of suit as ordered by Trial Court was restored. Zahid Hussain Khan for Appellants. Shehbaz Khurshid for Respondents. Date of hearing: 15th June, 1994. The facts necessary for the disposal of this appeal are that a suit for pre‑emption on the grounds of tenancy and relationship was filed by the respondents‑plaintiffs. This suit was, however, dismissed on the ground of limitation vide judgment and decree dated 15‑1‑1979. Respondents‑plaintiffs filed an appeal against the aforesaid decree of dismissal. This appeal was accepted vide judgment dated 29‑4‑1979 by the learned District Judge arid the suit was remanded for trial on merits on all issues. This led to filing of the present appeal.
2. The suit as filed cannot admittedly now be decreed in view of the pronouncements of the superior Courts. There will be, thus, no use to try the suit on merits. The appeal, therefore, succeeds. The order of remand dated 29‑4‑1979 is set aside and the suit of respondents‑plaintiffs shall remain dismissed. The parties are, however, left to bear their own cost. A.A./M‑1804/L Order accordingly.