1999CLC373 (PLP)
BARKAT ALI ‑‑‑Petitioner Versus NAZIR AHMAD‑‑‑Respondent
| Citation | 1999CLC373 (PLP) |
| Forum / Court | Lahore |
| Bench Members | Najam‑ul‑Hassan Kazmi, J |
| Parties | BARKAT ALI ‑‑‑Petitioner Versus NAZIR AHMAD‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1999CLC373 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999CLC373 (PLP)?
The case was heard and decided by the Lahore bench comprising: Najam‑ul‑Hassan Kazmi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999CLC373 (PLP) (BARKAT ALI ‑‑‑Petitioner Versus NAZIR AHMAD‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Muhammad Hassan for Petitioner.
- Ch. Muhammad Abdullah for Respondent.
- Date of hearing: 5th November, 1997.
Headnotes / Summary
Punjab Pre‑emption Act (I of 1913)‑‑‑‑ ‑‑‑‑S. 15‑‑‑Pre‑emption‑‑‑Suit was filed before 31‑7‑1986 to pre‑empt sale of land‑‑‑No decree was passed before 31‑7‑1986‑‑‑No "Talbs" were made‑‑ Effect‑‑‑Provisions of S.15, Punjab Pre‑emption Act, 1913 having ceased to remain operative in its entirety after 31‑7‑1986 no suit could proceed nor any decree could be passed therein after 31‑7‑1986. Said Kamal's case PLD 1986 SC 360; Suo Motu Shariat Review Petition No.l‑F of 1989; PLD 1990 SC 865; Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 and Muhammad Yasin and others v. Khan Muhammad and others PLD 1990 SC 1060 ref.
Judgment & Decree
‑‑‑‑S. 15‑‑‑Pre‑emption‑‑‑Suit was filed before 31‑7‑1986 to pre‑empt sale of land‑‑‑No decree was passed before 31‑7‑1986‑‑‑No "Talbs" were made‑‑ Effect‑‑‑Provisions of S.15, Punjab Pre‑emption Act, 1913 having ceased to remain operative in its entirety after 31‑7‑1986 no suit could proceed nor any decree could be passed therein after 31‑7‑1986. Said Kamal's case PLD 1986 SC 360; Suo Motu Shariat Review Petition No.l‑F of 1989; PLD 1990 SC 865; Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 and Muhammad Yasin and others v. Khan Muhammad and others PLD 1990 SC 1060 ref. Ch. Muhammad Hassan for Petitioner. Ch. Muhammad Abdullah for Respondent. Date of hearing: 5th November, 1997. A suit for pre‑emption, filed by the petitioner under section 15 of the Punjab Pre‑emption Act, 1913, to pre‑empt sale of land effected through sale deed, dated 8‑1‑1980 was decreed by the learned Trial Court on 6‑12‑1987, which decree was set aside in appeal by the learned Appellate Court, vide judgment and decree, dated 2‑7‑1988. The judgments of the two learned Courts below have been challenged in this revision petition.
2. Admittedly, the suit was filed before 31‑7‑1986, under the provision of section 15 of Punjab Pre‑emption Act, 1913, in which no decree was ever passed before 31‑7‑1986. The petitioner never claimed to have made Talbs. In view of the rule laid in Said Kamal's case, PLD 1986 SC 360 read with judgment delivered in suo motu Shariat Review Petition No. l/R of 1989, reported as PLD 1990 SC 865, the provisions of section 15 of Punjab Pre‑emption Act, 1913, ceased to remain operative in its entirety after 31‑7‑1986, hence no suit could be maintained thereunder. In view of the rule laid in Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 and Muhammad Yasin and others v. Khan Muhammad and others PLD 1990 SC 1060, the suit of the petitioner cannot proceed nor any decree can now be granted therein after 31‑7‑1986. Consequently, this revision petition has become infructuous which is I accordingly dismissed. Q.M.H./M.A.K./B‑43/L Revision dismissed.