1989SCMR779 (PLP)
MUHAMMAD YASIN and others — Petitioners Versus Mst. RASHIDA BIBI — Respondent
| Citation | 1989SCMR779 (PLP) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid acid Saad Saood Jan, JJ |
| Parties | MUHAMMAD YASIN and others — Petitioners Versus Mst. RASHIDA BIBI — Respondent |
| Primary Law | Punjab Pre-emotion Act (I of 1913) |
Q1: What are the key laws and sections cited in 1989SCMR779 (PLP)?
This judgment primarily cites: Punjab Pre-emotion Act (I of 1913) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR779 (PLP)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid acid Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR779 (PLP) (MUHAMMAD YASIN and others — Petitioners Versus Mst. RASHIDA BIBI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Asghar Ali Bhatti, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record for Petitioners.
- M.M. Bhatti, Advocate Supreme Court for Respondent.
- Date of hearing: 17th July, 1988.
- Ch. Asghar Ali Bhatti, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(From the judgment dated 22-6-1988 of the Lahore High Court Bahawalpur Bench, Bahawalpur, in R.S.A. No.138 of 1987.
S.15--Constitution of Pakistan (1973), Art. 185(3)--Pre-emotion suit--Superior right founded on a ground not recognised by Islamic law and suit was decreed by Trial Court before crucial date viz; 31st July 1986--Vendee/petitioner's appeals against that decree remained unsuccessful--Petitioner's plea that the Single Judge who dismissed second appeal should have referred the matter to Full Bench nominated by the Chief Justice, High Court, under Shariat Ordinance, repelled- Such plea having not been raised before Single Judge, could not be entertained by Supreme Court--Leave to appeal was refused in circumstances.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑By a registered sale‑deed dated 5‑11.‑1976 the petitioners purchased about 60 Kanals of agricultural land situate in Chak No.128/1‑L of Tehsil Khanpur. On 5‑`I1‑1977 the respondent brought a suit for pre‑emotion, basing her superior right on the assertion that she was the sister of the vendor. The suit was decreed by the trial Court and the petitioners' appeals before the District Judge and the High Court remained unsuccessful. They now seek leave to appeal from this Court.
2. In support of this petition it is contended on behalf of the petitioners that as the superior right claimed by the respondent was founded on a ground which was not recognised by the Islamic Law, the learned Single Judge who dismissed the second appeal should have referred the matter to the Full Bench nominated A by the learned Chief Justice of the High Court under the Shariat Ordinance. We are not prepared to entertain this contention as it was not raised before the learned Single Judge.
3. No other point has been raised. The petition is dismissed. AA./M‑718/S Leave refused.