SCMR 1989

1989SCMR451 (PLP)

SULTAN- Petitioner Versus HABIB AHMAD and another — Respondents

Jurisdiction / Court
High Court
Decided Date
Civil Petition No.598 of 1988, decided on 12th July, 1988.
Honorable Judges
Muhammad Afzal Zullanh and Javid Iqbal, JJ
Case Reference Summary (AEO Optimized)
Citation 1989SCMR451 (PLP)
Forum / Court High Court
Bench Members Muhammad Afzal Zullanh and Javid Iqbal, JJ
Parties SULTAN- Petitioner Versus HABIB AHMAD and another — Respondents
Primary Law Punjab Pre-emption Act (I of 1913)-.
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1989SCMR451 (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 1989SCMR451 (PLP)?

The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullanh and Javid Iqbal, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1989SCMR451 (PLP) (SULTAN- Petitioner Versus HABIB AHMAD and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Punjab Pre-emption Act (I of 1913)-.

Representation

  • S.M. Rashid, Advocate Supreme Court and S.Inayat Hussain,Advocate-on-Record for Petitioner.
  • Nemo for Respondents.
  • Date of hearing: 12th July, 1988.
  • S.M. Rashid, Advocate Supreme Court and S.Inayat Hussain,Advocate‑on‑Record for Petitioner.

Headnotes / Summary

(Against the judgment and order of the Lahore High Court, Lahore, dated 19-6-1988 in C.R. No.448/88).

S.15--Constitution of Pakistan (1973), Art. 185(3)--Pre-emption right--Leave to appeal granted to consider contention that decree for pre-emption not having been granted to pre-emptor at any stage before 31-7-1986, no decree could be passed against petitioner after 31-7-1986, as done in instant case--All similar cases to be heard together. Sardar Ali and others P L D 1988 S C 287 ref.

Judgment & Decree

Sardar Ali and others P L D 1988 S C 287 ref. S.M. Rashid, Advocate Supreme Court and S.Inayat Hussain,Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 12th July, 1988. MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by a vendee in a pre‑emption matter against the dismissal of his Civil Revision by the High Court. Learned counsel states that the respondent/pre‑emptor was not granted a decree for pre‑emption at any stage by any Court before 31‑7‑1986. That being A so, it is further argued that no decree could be passed against the petitioner after 31‑7‑1986 as done in this case. Reliance has been placed on the case of Sardar Ali and others (P L D 1988 S C 287). The question raised requires examination. Leave to appeal is granted. Security Rs.5,

000. The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documnts. The appeal shall be heard with similar other cases. The offices at all the relevant Registries to take care that none of these cases is left out when the main lot is fixed for hearing. Stay order to continue till the hearing of the appeal by this Court. M.I./S‑202/S Leave granted.