1989 SCMR 1715 (PLP)
MANZOOR HUSSAIN Petitioner Versus ANWAR KHAN and 2 others‑‑Respondents
| Citation | 1989 SCMR 1715 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Usman Ali Shah, JJ |
| Parties | MANZOOR HUSSAIN Petitioner Versus ANWAR KHAN and 2 others‑‑Respondents |
| Primary Law | Punjab Pre‑emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 1989 SCMR 1715 (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 1989 SCMR 1715 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 SCMR 1715 (PLP) (MANZOOR HUSSAIN Petitioner Versus ANWAR KHAN and 2 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Munir Piracha, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner (in both Petitions).
- Ncmo for Respondents (in both Petitions).
- Date of hearing: 23rd May, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Rawalpindi Bench dated 24‑5‑1988, passed in C.R.Nos. 398‑D and 399‑D of 1987). ‑‑‑S.15‑‑Pre‑emption suit on the basis of ownership‑‑Ground of pre‑emption on the basis of ownership of land was declared repugnant to Injunction of Islam as per decision of Supreme Court in Said Shah Kamal's case P L D 1986 S C 360‑ No decree in the suit had been passed so far‑‑Qualifications of pre‑emption thus were not available to the pre‑emptors after 31‑7‑1986 in view of P L D 1.986 S C
360. PLD1986SC360andPLD1988SC287ref.
Judgment & Decree
USMAN ALI SHAH, J.‑‑This order will dispose of C.P.S.LA. Nos. 290 8 and 291‑R of 1988. As the subject‑matter and parties of both these petitions are the same and have arisen from the same order of the Lahore High Court, Rawalpindi Bench dated 24‑5‑1988, therefore, they have been heard together. The dispute in these cases relates to possession of land through pre emption, measuring 15 kanals 1 marla being 1/2 share in land measuring 30 kanals 2 marlas bearing Khasra No. 777, Khata/Khatooni No. 302/443 and land measuring 17 marlas being 17/76 share in land measuring 3 kanals 16 marlas bearing Khasra No. 1043, Khata/Khatooni No. 322/700 total suit land measuring 15 kanals 18 marlas, according to Register Haqdaran Zamin for the year 1976‑77, situated in village Kalu‑joo, Tchsil Chakwal. These petitions can be straightaway dismissed on the basis of the Supreme Court judgment 'reported as "P L D 1986 S C 360" whereas the ownership of the agricultural land as ground of pre‑emption was declared as repugnant to Islamic Law of Pre‑emption. The instant case was pending without A decree vide the law as declared by this Court in Sardar Ali's case reported in P L D 1988 S C
287. Qualifications of pre‑emption are not thus available to the pre‑emptors in these petitions after the target date i.e. 31‑7‑1986. Thus these petitions are devoid of any merit and they are, accordingly dismissed. M.A.K./M‑923/S Petitions dismissed.