1988 PLP 1933 (SCMR)
Ch. KHURSHID AHMAD Petitioner Versus AMIN UDDIN — Respondent
| Citation | 1988 PLP 1933 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Ali Hussain Qazilbash, JJ |
| Parties | Ch. KHURSHID AHMAD Petitioner Versus AMIN UDDIN — Respondent |
| Primary Law | Punjab Pre-emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 1988 PLP 1933 (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 1988 PLP 1933 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1933 (SCMR) (Ch. KHURSHID AHMAD Petitioner Versus AMIN UDDIN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sharif Hussain Bokhari, Advocate Supreme Court (absent), Karam Elahi Bhatti, Advocate- on-Record and Mahmood A . Qureshi, Advocate-on-Record (absent) for Petitioner (in Civil Petitions Nos.27-R and 91 of 1988).
- Nemo for Respondent (in Civil Petitions Nos.27-R and 91 of ,1988).
- Mian Inamul Haq, Advocate Supreme Court and Ch.Ghulam Dastigir, Advocate- on-Record for Petitioner (in Civil Petition No.104-R of 1988) .
- Nemo for Respondent (in Civil Petition No.104-R of 1988).
- Date of hearing: 6th July, 1988.
- Sharif Hussain Bokhari, Advocate Supreme Court (absent), Karam Elahi Bhatti, Advocate‑ on‑Record and Mahmood A . Qureshi, Advocate‑on‑Record (absent) for Petitioner (in Civil Petitions Nos.27‑R and 91 of 1988).
- Nemo for Respondent (in Civil Petitions Nos.27‑R and 91 of ,1988).
- Mian Inamul Haq, Advocate Supreme Court and Ch.Ghulam Dastigir, Advocate‑ on‑Record for Petitioner (in Civil Petition No.104‑R of 1988) .
- Nemo for Respondent (in Civil Petition No.104‑R of 1988).
Headnotes / Summary
S.15--Constitution of Pakistan (1973), Art. 185(3)--Pre-emption- Leave to appeal granted to consider contention that no decree having been passed in favour of any of pre-emptors before 31-7-1986, no decree could be passed now as held in P L D 1988 S C 287. Sardar Ali and others v. Muhammad Ali and others P L D 1988 S C 287 ref.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑These three petitions are by vendees in pre‑emption matters. As the same point of law is involved, they are being disposed of together. The delay in C.Ps. 27‑R/1988 and 91/1988 in filing the petitions, is condoned subject to all just exceptions. As stated at the Bar no decree was passed in favour of any of the respondents‑ pre‑emptors before 31‑7‑1986. Therefore, as held in the case of Sardar Ali and others (P L D 1988 S C 1287), no decree can now be passed. The point raised needs examination. Leave to appeal accordingly is granted in all these three cases. Security Rs.5,000 in each case. Appeals shall be prepared on the present record with direction to the parties to file all necessary additional documents. They shall be heard with similar other appeals in October, 1988. M.Y.H./K‑71/S Leave to appeal granted.