1989SCMR967 (PLP)
HASHMAT ALI and others — Petitioners Versus MUNSHI KHAN — Respondent
| Citation | 1989SCMR967 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | HASHMAT ALI and others — Petitioners Versus MUNSHI KHAN — Respondent |
| Primary Law | Punjab Pre-emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 1989SCMR967 (PLP)?
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 1989SCMR967 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR967 (PLP) (HASHMAT ALI and others — Petitioners Versus MUNSHI KHAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Khalilur Rehman, Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Petitioners.
- O.M. Salim, Advocate Supreme Court and Tanvir Ahmad, Advocate-on Record for Respondent.
- Date of hearing: 24th May, 1988.
- Ch. Khalilur Rehman, Advocate Supreme Court and Sh. Salahuddin, Advocate‑on‑Record for Petitioners.
- O.M. Salim, Advocate Supreme Court and Tanvir Ahmad, Advocate‑on Record for Respondent.
Headnotes / Summary
(From the judgment and order, dated 21-1-1984 of the Lahore High Court, Multan Bench, in Regular Second Appeal No.131 of 1983).
Ss.4 & 15--Constitution of Pakistan (1973), Art.185(3)--Pre-emption suit- Leave to appeal granted to consider vendee's plea that property in dispute fell within limits of Municipal area and acquired character of urban immovable property and unless it was shown that right of pre-emption existed in locality concerned at tine of commencement of Punjab Pre-emption Act, 1913, pre emptor could not succeed.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑This is a petition for special leave to appeal arising out of a pre‑emption suit which was decreed by trial Court. The petitioners' first appeal before the District Judge and the second appeal before the High Court remained unsuccessful.
2. In support of this petition it is urged that the property in dispute fell within the limits of municipal area of Sarai Sidhoo and as such had acquired the character of urban immovable property; in the circumstances, unless it was shown that the right of pre‑emption existed in the locality where the land in dispute was located at the time of commencement of Punjab Pre‑emption Act 1913, the respondent could not succeed.
3. The contention raised on behalf of the petitioners needs examination. Leave to appeal is granted. Security for costs in the sum of Rs. 5000. The appeal R may be made ready for hearing on the present record with permission to the i parties to file additional documents, if necessary. M.Y.H./H‑63/S Leave granted.