CLC 1995

1995 PLP 643 (CLC)

NOOR MUHAMMAD and others‑‑‑Appellants Versus SHER MUHAMMAD and others‑‑‑Respondents

Jurisdiction / Court
Lahore
Decided Date
Regular Second Appeal No. 133 of 1974, heard on 5th April, 1994.
Honorable Judges
Khalil‑ur‑Rehman Khan, J
Case Reference Summary (AEO Optimized)
Citation 1995 PLP 643 (CLC)
Forum / Court Lahore
Bench Members Khalil‑ur‑Rehman Khan, J
Parties NOOR MUHAMMAD and others‑‑‑Appellants Versus SHER MUHAMMAD and others‑‑‑Respondents
Primary Law Punjab Pre‑emption Act (I of 1913)‑‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1995 PLP 643 (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 1995 PLP 643 (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: 1995 PLP 643 (CLC) (NOOR MUHAMMAD and others‑‑‑Appellants Versus SHER MUHAMMAD and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Punjab Pre‑emption Act (I of 1913)‑‑‑

Representation

  • Ch. Muhammad Ashraf Azeem for Appellant.
  • Sh. Abdul Rasheed and Rana Abdul Majid for Respondents.
  • Date of hearing: 5th April, 1994.

Headnotes / Summary

‑‑‑‑S. 15‑‑‑Sinker, principle‑‑‑Application‑‑‑Suit for possession by pre‑emption of share of land in two "Khatas" was dismissed by Trial Court‑‑‑Trial Court found that plaintiff/pre‑emptors were not co‑sharers in one of the "Khatas"‑‑ First Appellate Court reversed the judgment and decree‑‑‑Held, suit could be decreed only in respect of the "Khata" in which pre‑emptors had established themselves to be co‑sharers and the vendees/defendants/appellants having joined as strangers the principle of sinker would apply to them‑‑‑Decree was ordered to be amended accordingly.

Judgment & Decree

SHER MUHAMMAD and others‑‑‑Respondents Regular Second Appeal No. 133 of 1974, heard on 5th April, 1994. ‑‑‑‑S. 15‑‑‑Sinker, principle‑‑‑Application‑‑‑Suit for possession by pre‑emption of share of land in two "Khatas" was dismissed by Trial Court‑‑‑Trial Court found that plaintiff/pre‑emptors were not co‑sharers in one of the "Khatas"‑‑ First Appellate Court reversed the judgment and decree‑‑‑Held, suit could be decreed only in respect of the "Khata" in which pre‑emptors had established themselves to be co‑sharers and the vendees/defendants/appellants having joined as strangers the principle of sinker would apply to them‑‑‑Decree was ordered to be amended accordingly. Ch. Muhammad Ashraf Azeem for Appellant. Sh. Abdul Rasheed and Rana Abdul Majid for Respondents. Date of hearing: 5th April, 1994.