1987 PLP 1393 (SCMR)
AHMAD KHAN‑‑Petitioner Versus MALLA and others‑‑Respondents
| Citation | 1987 PLP 1393 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Saad Saood Jan, JJ |
| Parties | AHMAD KHAN‑‑Petitioner Versus MALLA and others‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1393 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1393 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1393 (SCMR) (AHMAD KHAN‑‑Petitioner Versus MALLA and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Saeed Hassan, Advocate Supreme Court and Abid Nawaz, Advocate‑on‑Record for Petitioner.
- Mushtaq Masud Advocate Supreme Court and Mehdi Khan Advocate‑on‑Record for Respondents Nos. l and 2.
- Date of hearing: 28th April, 1987.
Headnotes / Summary
(On appeal from the judgment dated 27‑2‑1985 of the Lahore High Court in Writ Petition No.708 of 1981). ‑‑‑S. 149, O. VII, R. 11‑‑Punjab Pre‑emption Act (I of 1913), Ss. 15 & 21 ‑‑Court Fees Act (VII of 1870), Ss. 9 A 10‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Pre‑emption‑‑Preferential right of tenant‑‑Repugnancy to injunctions of Islam‑‑Suit for pre‑emption‑Preferential right of tenant‑‑Leave to appeal granted to examine contention that respondents being merely tenants of land could not pursue their suit for pre‑emption which had abated as they did not fall in category of persons who possess right of pre‑emption under injunctions of Islam. Shana Khan v. Aulia Khan P L D 1984 S C 157 and Government of N.‑W.F.P. v. Said Kamal Shah P L D 1986 S C 360 rel.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑The petitioner is the vendee of a piece of agricultural land. The respondents Nos. l and 2 questioned the sale through a pre‑emption suit claiming that they had a preferential right of sale, being tenants of the land in question. The plaint, however, was rejected by the Assistant Commissioner/ Collector on the ground that the respondents had failed to deposit the requisite Court‑fee, despite being asked to do so. The respondents challenged the order of the Assistant Commissioner, but their appeal was dismissed by the Additional Commissioner. They then approached the Board of Revenue, by a revision, which too was dismissed. However, the High Court in exercise of its writ jurisdiction set aside all these orders by placing reliance on this Court's judgment in Shana Khan v. Aulia Khan P L D 1984 S C 157 and remanded the suit to the Assistant Commissioner/ Collector allowing the plaintiffs to make good the deficiency of Court‑fee within one month and directing the Assistant Commissioner/ Collector to decide the case on merits, if the deficiency was made up within the requisite period. Hence this petition for leave to appeal. Malik Saeed Hassan, learned counsel for the petitioner, has, inter alia, contended that the respondents Nos. l and 2 being merely the tenants of the land can no longer pursue their suit for pre‑emption which has now abated as they do not fall in the category of persons who possess the right of pre‑emption under the injunctions of Islam and in this connection relies on Government of N.‑W.F.P. v. Said Kamal Shah P L D 1986 S C
360. Leave granted. The appeal shall be made ready on the present record and fixed for hearing alongwith similar cases. Further, proceedings before the Assistant Commissioner/ Collector shall remain stayed meanwhile. Security shall be furnished in the sum of Rs.2,
500. M.I./A‑50/S Leave granted.