1987 PLP 940 (CLC)
MUHAMMAD SHARIF‑‑Appellant Versus RANA TRACTORS Ltd.‑‑Respondent
| Citation | 1987 PLP 940 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Amjad Khan, J |
| Parties | MUHAMMAD SHARIF‑‑Appellant Versus RANA TRACTORS Ltd.‑‑Respondent |
| Primary Law | Punjab Pre‑emption Act (I of 1913)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 940 (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 1987 PLP 940 (CLC)?
The case was heard and decided by the Lahore bench comprising: Amjad Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 940 (CLC) (MUHAMMAD SHARIF‑‑Appellant Versus RANA TRACTORS Ltd.‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Nazir Akhtar for Appellant.
- M. Saleem Sehgal for Respondent.
- Date of hearing: 8th February, 1986.
Headnotes / Summary
‑‑‑Ss. 8(2) & 15‑‑Notification No. 3278‑85/RL‑III, dated 1‑1‑1986‑‑Right of pre‑emption in respect of sale of land in dispute completely taken away by notification, dated 1‑1‑1986 issued under S. 8(2), Punjab Pre‑emption Act, 1913‑‑Although respective sales of such land made and suits and appeals in relation thereto maintained long before issuance of said notification, yet no decree, _held, could be passed in favour of plaintiff in respect of disputed land. Mst. Bibi Jan and others v. Miss R.A. Monny and another PLD 1961 S C 69 rel.
Judgment & Decree
‑‑‑Ss. 8(2) & 15‑‑Notification No. 3278‑85/RL‑III, dated 1‑1‑1986‑‑Right of pre‑emption in respect of sale of land in dispute completely taken away by notification, dated 1‑1‑1986 issued under S. 8(2), Punjab Pre‑emption Act, 1913‑‑Although respective sales of such land made and suits and appeals in relation thereto maintained long before issuance of said notification, yet no decree, _held, could be passed in favour of plaintiff in respect of disputed land. Mst. Bibi Jan and others v. Miss R.A. Monny and another PLD 1961 S C 69 rel. Mian Nazir Akhtar for Appellant. M. Saleem Sehgal for Respondent. Date of hearing: 8th February, 1986. This, and other three appeals, bearing Regular Second Appeals Nos. 562 to 564, all of 1976, filed by Muhammad Sharif against the trial Court's decrees of dismissal of his four suits for possession of land through pre‑emption, upheld in the appeals below; have become infructuous on account of Notification No. 3278‑85/LR‑III, dated 1‑1‑1986 issued under section 8(2) of the Punjab Pre‑emption Act, 1913 to declare that no right of pre‑emption shall exist in respect of the sale of land in suit.
2. Although the respective sales had been made and the suits as well as the appeals below, as also these second appeals, were maintained long before the issuance of the abovementioned notification, yet, as has been held by their Lordships of the Supreme Court in Mst. Bibi A Jan and others v. Miss R.A. Monny and another P L D 1961 S C 69, it has completely taken away the right of pre‑emption so that no decree in favour of the plaintiff can possibly be passed now. All the four appeals are accordingly dismissed. No order as to costs. M. Y. H. /770/L Appeals dismissed.