1987 PLP 814 (SCMR)
FARID and others‑‑Petitioners Versus ALLAH YAR and another‑Respondents
| Citation | 1987 PLP 814 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Saad Sood Jan, JJ |
| Parties | FARID and others‑‑Petitioners Versus ALLAH YAR and another‑Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1987 PLP 814 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 814 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Saad Sood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 814 (SCMR) (FARID and others‑‑Petitioners Versus ALLAH YAR and another‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Abdur Rahim, Advocate Supreme Court for Petitioners. Raja Muhammad Sabir, Advocate Supreme Court for Respondents.
- Date of hearing: 4th March, 1987.
Headnotes / Summary
(On appeal from the order of the Lahore High Court, dated 9‑2‑1987 in R . S . A . No. 19 of 1987. )
Art.185(3)‑‑Punjab Pre‑emption Act (I of 1913), S. 15‑‑Pre‑emption, superior right of‑‑Leave to appeal granted to consider contention that after decision of Shariat Appellate Bench reported in P L D 1986 S C 360 it was not open to respondents to claim a superior right of pre‑emption on grounds that they were owners in estate as well as collaterals of vendors. Government of N.‑W.F.P. v. Said Kamal Shah P L D 1986 S C 360 ref.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑ This is a petition for special leave to appeal by the vendees against whom a decree in a pre‑emption suit has been passed.
2. The respondents had based their right of pre‑emption on the grounds that they were owners in the estate as well as collaterals of the vendors. The contention in support of this petition is that after the decision of the Shariat Appellate Bench in Government of N.‑W.F.P.' v . Said Kamal Shah P L D 1986 S C 360 it was not open to the respondents to claim a superior right on the grounds taken by them. This contention needs consideration. Leave to appeal is granted to the petitioners Security in the sum of Rs.1,
000. The appeal may be made ready on the present record with permission to the parties to produce additional documents. Execution proceedings are stayed subject to the petitioners furnishing security for mesne profits within one month to the satisfaction of the Executing Court. M.I./F‑5/S . Leave granted.