| Citation(s) |
|---|
| 2003 SLG 955 2003 SLD 955 2003 SCMR 762 |
Supreme Court of Pakistan
Civil Petition No. 3779/L of 2001, decided on 1st April, 2002. (On appeal from the judgment of the Lahore High Court, Lahore, dated 5-10-2001 passed in Civil Revision No. 1177 of 1992)
MUNIR A. SHEIKH, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Zahid Hussain Khan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for
Respondents
Civil Petition No. 3779/L of 2001, decided on 1st April, 2002. (On appeal from the judgment of the Lahore High Court, Lahore, dated 5-10-2001 passed in Civil Revision No. 1177 of 1992)
MUNIR A. SHEIKH, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Zahid Hussain Khan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for
Respondents
SAUDAGAR ALI through Legal Heirs
VS
KHURSHID AHMED and others
Law: Punjab Pre-emption Act, 1991
Section: 13,35
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Civil Procedure Code (V of 1908)
Section: O.XVIII,R.2
Punjab Pre-emption Act (IX of 1991)--- ----Ss. 13 & 35---Civil Procedure Code (V of 1908), O.XVIII, R.2--Constitution of Pakistan (1973) Art.185(3)---Pre-emption suit, revival of---Required Talb (demand), proof of---Evidence in rebuttal ---Preemption suit was filed during interregnum and the same was revived under S.35 of Punjab Pre-emption Act, 1991---Plaintiff completed his evidence and reserved his right to appear as his own witness in evidence in rebuttal when he had to state about making of required Talb after revival of the suit---Trial Court without granting opportunity to the plaintiff to complete his evidence in rebuttal and make statement in affirmative, dismissed the suit for want of evidence on Talb---Judgment and decree passed by Trial Court was maintained by Appellate Court but High Court in exercise of revisional jurisdiction remanded the case to Trial Court to proceed from the stage when the same was dismissed--Validity ---Vendees had not been able to point out that the of High Court was violative of any law---Judgment of High Court being in accordance with S.35 of Punjab Pre-emption Act, 1991, it was rightly directed that the suit should proceed from the stage when it was dismissed---Leave to appeal was refused. Government of N.W.F.P. through Secretary, Law Department v. Malik Said Kamal Shah PLD 1986 SC 360 ref. JUDGMENT MUNIR A. SHEIKH, J.--- After declaration made in the case of Government of N.-W.F.P. through Secretary, Law Department v. Malik Said Kamal Shah PLD 1986 SC 360 that provision of Punjab Preemption Act, 1913 were repugnant to Injunctions of Qur'an and Sunnah of Holy Prophet (p.b.u.h.), no law of pre-emption was promulgated up to 1991 when Punjab Pre-emption Ordinance No. IX of 1991 was promulgated which was converted into Punjab Pre-emption Act, 1991. The suit filed by the respondent to pre-empt the sale made in favour of the petitioners in the year 1988 when there was no statutory law of pre-emption claiming right of pre-emption on the grounds available…
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