2006 PLP 915 (SCMR)
MUHAMMAD YUNUS — Petitioner Versus FAYYAZ MASOOD MALIK and others — Respondents
| Citation | 2006 PLP 915 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khalil-ur-Rehman Ramday and Karamat Nazir Bhandari, JJ |
| Parties | MUHAMMAD YUNUS — Petitioner Versus FAYYAZ MASOOD MALIK and others — Respondents |
| Primary Law | Punjab Pre-emption Act (IX of 1991) |
Q1: What are the key laws and sections cited in 2006 PLP 915 (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 2006 PLP 915 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khalil-ur-Rehman Ramday and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 915 (SCMR) (MUHAMMAD YUNUS — Petitioner Versus FAYYAZ MASOOD MALIK and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Ata ur Rahman, Advocate-on-Record for Petitioners.
- Rao Munawar Khan, Advocate Supreme Court with Ozair Chughtai, Advocate-on-Record for Respondent No.1.
- Date of hearing: 8th May, 2003.
Headnotes / Summary
(On appeal from the order, dated 13-7-2001 passed by the Lahore High Court, Lahore in Civil Revision No.252 of 1992).
Ss. 2(a) & 5
Sale alleged not pre-emptible for suit-land falling within limits of Town Committee
Nothing had been brought on record to show that suit-land was not urban in nature or same did not fall with such limits
Judgment & Decree
KHALIL-UR-REHMAN RAMDAY, J.
This petition is directed against a judgment, dated 13-7-2001 passed by the Lahore High Court in Civil Revision No.252 of 1992 whereby the orders, dated 18-3-1991 and 13-11-1991 passed respectively by the learned Civil Judge, Wazirabad and the learned Additional District Judge at Wazirabad had been affirmed.
2. Muhammad Younis petitioner filed a suit in the Court, of a learned Civil Judge at Wazirabad to pre-empt the sale of 36 Kanals and 14 Marlas of land made by Mukhtar Ahmad respondent in favour of Fayaz Masood respondent through a consent decree dated 25-3-1990. Fayaz Masood vendee filed an application under Order VII, rule 11 of the C.P.C. submitting therein that the suit land fell within the Town Committee of Sodhra and thus the sale of the suit-land was not pre emptible. Through his judgment, dated 18-3-1991, the learned trial Judge accepted the said application and rejected the plaint of the present petitioner under Order VII, rule 11 of the C.P.C. On appeal filed by the pre-emptor a learned Additional District Judge at Gujranwala affirmed the said order of the learned trial Court and dismissed the appeal which led to the above mentioned revision petition before the Lahore High Court which was dismissed through the above-noticed impugned judgment. Hence this petition.
3. On the factual plane nothing had been brought on record to demonstrate that the land in question was not urban in nature or that the same did not fall within the limits of Town Committee of Sodhra. Therefore, on the legal plane, no exception could be taken to the finding of all the three learned Courts that the sale in question was not pre emptable. The learned counsel for the petitioner, who was heard at some length has failed to point out any illegality in the impugned judgments which proceed on correct and sound legal foundations.
4. This petition is, therefore, dismissed. Leave refused. S.A.K./M-913/SC Leave refused.