| Citation(s) |
|---|
| 1974 SLG 309 1974 SLD 309 1974 PLD 383 |
Supreme Court of Pakistan
Civil Appeal No. 15P of 1972, heard on 26th March 1974. (On appeal from the judgment and order of the former High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 11th December 1970, in R. S. A. No. 4t7 of 1970).
HAMOODUR REHMAN, C.J., WAHEEDUDDIN AHMAD AND MUHAMMAD GUL, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Civil Appeal No. 15P of 1972, heard on 26th March 1974. (On appeal from the judgment and order of the former High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 11th December 1970, in R. S. A. No. 4t7 of 1970).
HAMOODUR REHMAN, C.J., WAHEEDUDDIN AHMAD AND MUHAMMAD GUL, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
SAID KARIM SHAH
VS
TAJ MUHAMMAD
Law:
Section:
N: W. F. P. Pre-emption Act (XI-V of 1950)-- S. 12, cl. 3-Different khasra numbers comprised in one holding or property-Do not become different properties in themselves-Sale of a parcel of land comprised in more than one khasra numbers -Not sale of as many properties as field numbers-Such sale, sale of one property-Plaintiff owner of khasra number adjoining only one of khasra numbers sold-Could seek pre-emption on ground of vicinage in respect of all khasra numbers -[Qalandar Khan v. Hafiz Qazi Pir Muhammad Khan P L D 1956 Pesh. 1 ; Abdul Khaliq v. Ghulam Sarwar Civil Revision No. 206 of 1954 ; Ghulam Mohayuadin Khan v. Ghulam Qasim P L D 1957 Pesh 36 ; Sultan Muhammad v. Muhammad Yusuf P L D 1959 Pesh. 120 and Zahuruddin Khan v. Shahalam Khan P L D 1959 Pesh. 148 overruled]. Mahammad Yousuf v. Sikandar P L D 1970 Pesh. 160 approved. Qalandar Khan v. Hafiz Qazi Pir Muhammad Khan P L D 1956 Pesh. 1 ; Abdul Khaliq v. Ghulam Sarwar Civil Revision No. 206 of 1954 ; Ghulam Muhayuddin Khan v. Ghulam Qasim P L D 1957 Pesh. 36 ; Sultan Muhammad v. Muhammad Yusuf P L D 1959 Pesh. 120 and Zahuruddin Khan v. Shahalam Khan P L D 1959 Pesh. 148 overruled. Punjab Settlement Manual by Sir James M. Douie, (Fifth Edn.), para. 242; Sanwal Das v. Gul Parshad 90 P R 1909 p. 340 : Ameer All's Mohammedan Law, Vol. I, (2nd Edn.), p. 595 ; Baillie's Muhammadan Law, pp. 475 etc. Mulla's Principles of Muhammedan Law, (16th Edn.), p. 228; Mahmood Hasan Khan v. Bhikhari Lal and others A I R 1953 All. 705 ; Syed Abdul Karim and another v. Harendra Chandra Dhupi and others P L D 1963 Dacca 939 and Abdul Shakur v. Abdul Ghafur 6 I C 358 ref. Mahmood Ali Qasuri and Mohammad Shafl, Senior Advocates, Supreme Court instructed by Abdul Karim, Advocate-on-Record for Appellant. S. M. Zafar, Senior Advocate Supreme Court (Peer Bakhsh Khan, Advocate with him) instructed by Amirzada Khan, Advocate-on-Record (absent) for Respondent. Dates of hearing : 21st, 25th and 26th March 1974. JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Peshawar Bench, Peshawar, in R. S. A. No. 447 of 1970, dated the 11th December 1970. By…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492