1968 SCMR 142 (PLP)
GULLAN (DECEASED) REPRESENTED BY JAN MUHAMMAD AND OTHERS-Appellants Versus MUHAMMAD RAMZAN AND OTHERS — Respondents
| Citation | 1968 SCMR 142 (PLP) |
| Forum / Court | High Court |
| Bench Members | S. A. Rahman, Fazle-Akbar and Hamoodur Rahman, JJ |
| Parties | GULLAN (DECEASED) REPRESENTED BY JAN MUHAMMAD AND OTHERS-Appellants Versus MUHAMMAD RAMZAN AND OTHERS — Respondents |
Q1: What are the key laws and sections cited in 1968 SCMR 142 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 SCMR 142 (PLP)?
The case was heard and decided by the High Court bench comprising: S. A. Rahman, Fazle-Akbar and Hamoodur Rahman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 SCMR 142 (PLP) (GULLAN (DECEASED) REPRESENTED BY JAN MUHAMMAD AND OTHERS-Appellants Versus MUHAMMAD RAMZAN AND OTHERS — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Asaf Majeed, Senior Advocate Supreme Court (Fazal Din, Advocate Supreme Court with him on record-absent) instructed by Masud Akhtar, Attorney for Appellants.
- Razzaq Malik, Advocate Supreme Court on record-absent, instructed by Wali Muhammad, Senior Attorney for Respondents Nos. 1 and 2.
Headnotes / Summary
(On Appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 16th January 1962, in Regular Second Appeal No. 1 of 1959). Pre-emption-Sale in area where provision of S. 54, Transfer of Property Act, 1882 not applicable-Sale despite non-registration still pre-emptible. Abdul Karim v. Fazal Muhammad Shah P L D 1967 S C 411 rel.
Judgment & Decree
S. A. RAHMAN, J.--This is a certificated appeal from a decision of the High Court of West Pakistan in which the main point decided was that a sale which violates the provisions of section 54 of the Transfer of Property Act for want of registra- A tion in areas to which the Transfer of Property Act applies, would still be pre-emptible under the provisions of the Pre-emption. Act. Mr. Asaf Majeed who appears for the appellant has frankly conceded before us that the point has been finally decided by a judgment of this Court reported as Abdul Karim v. Fazal Muhammad Shah (P L D 1967 S C 411) and that the decision is against him. He, therefore, does not press the appeal which is hereby dismissed. There will be no order as to costs in the circumstances of the case. Appeal dismissed.