P L D 1978 Lahore 992 (PLP)
CHIRAGH DIN-Appellant Versus ALI MUHAMMAD-Respondent
| Citation | P L D 1978 Lahore 992 (PLP) |
| Forum / Court | |
| Bench Members | Muhammad Mahmood Bhatti, J |
| Parties | CHIRAGH DIN-Appellant Versus ALI MUHAMMAD-Respondent |
| Primary Law | Punjab Pre-emption Act (I of 1913) |
Q1: What are the key laws and sections cited in P L D 1978 Lahore 992 (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 P L D 1978 Lahore 992 (PLP)?
The case was heard and decided by the bench comprising: Muhammad Mahmood Bhatti, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1978 Lahore 992 (PLP) (CHIRAGH DIN-Appellant Versus ALI MUHAMMAD-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Hussain for Appellant.
- Nemo for Respondent.
- Date of hearing : 28th June 1977.
Headnotes / Summary
Ss. 4 & 6--Rehabilitation Settlement - Scheme-Pre-emptibility- Evacuee land confirmed on quasi-permanent basis--Held, pre-emptible. Haji Sultan Muhammad etc. v. Muhammad Siddiq P L D 1973 S C 347 rel.
Judgment & Decree
This Regular Second Appeal arises out of the fact that the plaintiff/ appellant filed a suit for pre-emption in the civil Court, Sheikhupura on the basis of his superior right in respect of 7 kanals 16 3/4 marlas of land. The defendant/respondent resisted the suit on the ground that suit land was evacuee property and such was not pre-emptible. A preliminary issue was framed. Is the transaction in dispute not pre-emptible ? The learned Civil Judge, Sheikhupura, vide his judgment dated 23-9-1965, dismissed the suit on the ground that the land was confirmed to the vendor under the Rehabilitation Settlement Scheme on quasi-permanent basis. The plaintiff/appellant filed an appeal before -the Additional District Judge, Lahore at Sheikhupura, who vide his . judgment dated 20-11-1965 dismissed the appeal. Against the judgments and decree or the Courts below the present Regular Second Appeal has been filed.
2. The learned counsel for the appellant has produced the authority cited as Haji Sultan Muhammad etc. v. Muhammad Siddiq (PLD1973SC347) wherein it has been held that evacuee land if confirmed on quasi-permanent basis under the Rehabilitation Settlement Scheme is pre-emptible.
3. In view of this authority, I accept the appeal, set aside the judgment and decree of the learned trial Court dated 23-9-1965 and that of the learned District Judge, Lahore (at Sheikhupura) dated 20-I1-1965 and remand the case to the Court below for deciding the case afresh framing issues on merits in accordance with law. Parties are left to bear their own costs. S. A. H. Appeal accepted.