1989 PLP 974 (CLC)
MUHAMMAD LATEEF‑‑Petitioner Versus SHUKAR DIN‑‑Respondent
| Citation | 1989 PLP 974 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Khalil‑ur‑Rehman Khan, J |
| Parties | MUHAMMAD LATEEF‑‑Petitioner Versus SHUKAR DIN‑‑Respondent |
| Primary Law | Punjab Pre‑emption Act (I of 1913)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 974 (CLC)?
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 1989 PLP 974 (CLC)?
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: 1989 PLP 974 (CLC) (MUHAMMAD LATEEF‑‑Petitioner Versus SHUKAR DIN‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Amanat Ali Bajwa for Petitioner.
- Nemo for Respondent.
- Date of hearing: 22nd October, 1988.
Headnotes / Summary
‑‑‑Ss.4, 15 Ss 21‑‑Pre‑emption suit‑‑Maintainability of‑‑No suit of pre‑emption, held, could be decreed on ground of ownership in village after 31st of July, 1986 in view of pronouncement of Supreme Court in cases Government of N.‑W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360, Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC
287. Government of N.W.F.‑P v. Malik Said Kamal Shah P L D 1986 SC 360 1988 and Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 ref.
Judgment & Decree
‑‑‑Ss.4, 15 Ss 21‑‑Pre‑emption suit‑‑Maintainability of‑‑No suit of pre‑emption, held, could be decreed on ground of ownership in village after 31st of July, 1986 in view of pronouncement of Supreme Court in cases Government of N.‑W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360, Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC
287. Government of N.W.F.‑P v. Malik Said Kamal Shah P L D 1986 SC 360 1988 and Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 ref. Ch. Amanat Ali Bajwa for Petitioner. Nemo for Respondent. Date of hearing: 22nd October, 1988. This civil revision arose out of a suit for possession through pre‑emption filed by the respondent claiming superior right of pre emption on the ground of ownership of the land in the village. The plaint of the respondent was rejected by the trial Court under Order VII, rule 11, C.P.C. The respondent filed first appeal and the same was accepted by the learned Additional District Judge vide judgment and decree dated 3‑3‑1988 and the suit of the respondent /pre‑emptor was decreed. Hence, this revision petition.
2. Learned counsel for the appellant /vendee contended that no decree of pre‑emption on the ground of ownership in the village could be granted after 31st of July, 1986 in view of the pronouncement of the Supreme Court in the case of Government of N.‑W.F.P. v. Malik Said Kamal Shah P L D 1986 SC
360. Reliance is also placed on Sardar Ali and others v. Muhammad Ali and others P L D 1988 SC
287. Obviously, no suit of pre‑emption can be decreed on the ground of ownership in the village after 31st of July, 1986. The learned first appellate Court, therefore, acted illegally in decreeing the suit of the respondent‑pre‑emptor. The impugned judgment and decree dated 3‑3‑1988 is, therefore, set aside with the result that the decree passed by the trial Court stands restored. This appeal, therefore, succeeds. Parties are left to bear their own costs. The respondent pre‑emptor may withdraw the sale consideration including Zar‑e‑Panjum deposited if any from the trial Court. H.B.T./M‑1049/L Revision accepted.