1987 PLP 842 (SCMR)
REHMAT ALI and others‑‑Petitioners Versus NAEEM AHMAD and others‑‑ Respondents
| Citation | 1987 PLP 842 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Saad Saood Jan, JJ |
| Parties | REHMAT ALI and others‑‑Petitioners Versus NAEEM AHMAD and others‑‑ Respondents |
Q1: What are the key laws and sections cited in 1987 PLP 842 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 842 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 842 (SCMR) (REHMAT ALI and others‑‑Petitioners Versus NAEEM AHMAD and others‑‑ Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Khan Muhammad Virk, Advocate Supreme Court for Petitioners.
- Nemo for Respondents.
- Date of hearing: 8th March, 1987.
Headnotes / Summary
(On appeal from the order of the Lahore High Court, dated 7‑10‑1984 in C.R. No. 1551/1) of 1981). Punjab Pre‑emption Act (I of 1913) ‑‑‑S. 15‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Suit for pre‑emption‑‑Land purchased by pre‑emptor in joint Khata continuing to be for most part agricultural, and being used for sowing different crops‑‑Mere fact that pre‑emptor had raised a structure on a part of such land in joint Khata, held, would not detract from his status as co‑owner of agricultural land‑‑Petition for leave to appeal dismissed.
Judgment & Decree
‑‑‑S. 15‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Suit for pre‑emption‑‑Land purchased by pre‑emptor in joint Khata continuing to be for most part agricultural, and being used for sowing different crops‑‑Mere fact that pre‑emptor had raised a structure on a part of such land in joint Khata, held, would not detract from his status as co‑owner of agricultural land‑‑Petition for leave to appeal dismissed. Khan Muhammad Virk, Advocate Supreme Court for Petitioners. Nemo for Respondents. Date of hearing: 8th March, 1987. SAAD SAOOD JAN, J.‑‑ This is a petition for special leave to appeal from the order dated 7‑10‑1984 of the Lahore High Court dismissing the revision petition‑ preferred by the petitioners.
2. One Ghulam Jillani, now dead, filed a suit for pre‑emption arising out of a sale of agricultural land on the ground inter alia that he was a co‑sharer in the land sold. The suit was dismissed by the trial Court for the reasons that it was barred by time and that the superior right claimed by him had not been established. On appeal, the District Judge reversed these findings and decreed the suit. The petitioners who were the vendees filed a revision petition in the High Court but without any success. They now seek leave to appeal from this Court.
3. It is not disputed that Ghulam Jillani was a co‑sharer in the Khata relating to the land in dispute. However, it is contended on behalf of the petitioners that Ghulam Jillani had purchased land in the Khata for the construction of a house and that he had constructed a house thereon. Consequently, he could not be regarded as a co‑owner in agricultural land. We find little merit in this contention. The learned Single Judge in the High Court and the District Judge have found that the land purchased by Ghulam Jillani continued to be for most part agricultural and was being used for sowing different crops. That being so, the mere fact that he had raised a structure on a part of the land in the joint Khata would not detract from his status as co‑owner of agricultural land. This petition is without any merit and is hereby dismissed. S.Q./R‑9/S Petition dismissed.