2006 PLP 899 (SCMR)
ALI MUHAMMAD and others — Petitioners Versus ABDUL HAMEED and others — Respondents
| Citation | 2006 PLP 899 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ |
| Parties | ALI MUHAMMAD and others — Petitioners Versus ABDUL HAMEED and others — Respondents |
| Primary Law | Punjab Pre-emption Act (IX of 1991) |
Q1: What are the key laws and sections cited in 2006 PLP 899 (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 899 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 899 (SCMR) (ALI MUHAMMAD and others — Petitioners Versus ABDUL HAMEED and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Dr. A. Basit, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 14th April, 2003.
Headnotes / Summary
(On appeal from the judgment dated 12-10-1999 passed by the Lahore High Court, Lahore in R.F.A. No.79 of 1996).
Ss. 6 & 13
Constitution of Pakistan (1973), Art.185(3)
Pre emption suit
Failure of pre-emptor to prove superior right of pre-emption and performance of Talbs in terms of S.13 of Punjab Pre-emption Act, 1991
Trial Court dismissed suit on such grounds, which findings were upheld by High Court
No illegality was found in concurrent findings of two competent Courts
Conclusions reached by two Courts were not based on misreading or non-reading of evidence on record
Supreme Court dismissed petition and refused leave to appeal.
Judgment & Decree
KHALIL-UR-REHMAN RAMDAY, J.
This petition is directed against a judgment of the Lahore High Court dated 12-10-1999 whereby R.F.A. No.79 of 1996 filed by the petitioners was dismissed.
2. The petitioners before us pre-empted the sale of the suit-land made by its owner Muhammad Ramzan to Abdul Hameed respondent through a registered sale-deed dated 13-2-1990 on the ground that they were co-sharers in the Khata and co-sharers in the common easements. The learned trial Court dismissed this suit through its judgment dated 8-2-1995 on the ground that the pre-emptors had failed to prove their superior right of pre-emption and further that they had not even established the Talbs having been made in terms of the provisions of section 13 of the Punjab Pre-emption Act, 1991. The petitioners questioned the said judgment before the learned District Judge which appeal was returned to the petitioners on the ground that the same was competent only before the High Court and it was thereafter that the petitioners impugned the original judgment and decree before the Multan Bench of the Lahore High Court through the above-mentioned R.F.A. No.79 of 1996.
3. The Honourable High Court condoned the delay in the filing of appeal but dismissed the said appeal on merits after holding that the petitioners did not have a superior right of pre-emption nor had they been able to establish the making of the requisite Talbs. As a result thereof the Honourable High Court affirmed the findings of the learned trial Court on the said issues.
4. The learned counsel for the petitioners could not show any illegality in the concurrent findings of the two competent Courts. It could not be shown that the conclusions reached by the two learned Courts were based either on misreading of evidence or on non-reading of any material available on record.
5. In this view of the matter this petition is dismissed. Leave refused. S.A.K./A-436/SC Leave refused.