| Citation(s) |
|---|
| 2017 SLG 261 2017 SLD 261 2017 PLJ 1 |
Supreme Court (AJ&K)
C.As. No. 24 of 2013 & 34 of 2014, decided on 29.4.2016, heard on: 19.4.2016.
MUHAMMAD AZAM KHAN, CHEIF, JUSTICE, CH. MUHAMMAD IBRAHIM ZIA, JUSTICE & RAJA SAEED AKRAM KHAN, JUSTICE
Haji Ch. Muhammad Anwar, Advocate for Appellant (in C.A. No. 24 of 2013). Raja Saadat Ali Kiani, Advocate for
Respondents (in C.A. No. 24 of 2013). Raja Saadat Ali Kiani, Advocate for Appellant (in C.A. No. 34 of 2014). Haji Ch. Muhammad Anwar, Advocat
C.As. No. 24 of 2013 & 34 of 2014, decided on 29.4.2016, heard on: 19.4.2016.
MUHAMMAD AZAM KHAN, CHEIF, JUSTICE, CH. MUHAMMAD IBRAHIM ZIA, JUSTICE & RAJA SAEED AKRAM KHAN, JUSTICE
Haji Ch. Muhammad Anwar, Advocate for Appellant (in C.A. No. 24 of 2013). Raja Saadat Ali Kiani, Advocate for
Respondents (in C.A. No. 24 of 2013). Raja Saadat Ali Kiani, Advocate for Appellant (in C.A. No. 34 of 2014). Haji Ch. Muhammad Anwar, Advocat
MANZOOR HUSSAIN AND Another
VS
FEROZ KHAN AND others
Law:
Section:
AJ&K Right of Prior Purchase Act, 1993---- --------S. 6----Constitution of Pakistan, 1973, Art. 203-D----Suit for pre-emption on basis of right of prior purchase----Sale deed----Challenge----Repugnant to injunction of Holy Quran and Sunnah----Effect of Shariat Court's Judgment----Pre-emption right as co-sharer----Sale-deed of property, subject matter of suit, was executed much after coming in operation of Shariat Court----In compliance of Shariat Court's Government failed to take legislative measures till promulgation of Ordinance IX of 2015 and subsequently Act, XIV of 2016----Prima-facie,----Legislative steps have been taken in compliance of of Shariat Court----According to statutory provision of Section 6 of AJ&K Shariat Court Act, while declaring any provision of law repugnant to injunctions of Holy Qur'an and Sunnah, Shariat Court has to mention date from which decision shall take effect----All actions of exempting property from exercise of right of pre-emption taken by Government while deriving powers from such provision will become in-operative----Statutory provisions of Shariat Court Act, 1993 are parimeteria to provision of Art. 203-D of Constitution----Statutory provision declared against injunctions of Holy Qur'an and Sunnah shall have to cease its effect----Either legislature has deleted statutory provision from statute book while taking legislative steps for making it in conformity with injunctions of Holy Quran and Sunnah, in compliance of or not, but after taking effect of of Shariat Court, such statutory provision shall have no legal status and value----Even due to failure of legislature in compliance of , in state of vacuum, common law of Islam i.e injunctions of Islam as contained in Holy Qur'an and Sunnah shall be deemed to be law on subject as held by Supreme Court----Discretionary power of Government to exempt property from operation of right of pre-emption in town area becomes in effective----Therefore, after said date exemption of town property operation of right of pre-emption in town area becomes in effective w.e.f. 5.10.1999----Statutory provision of Section 6 of Shariat Court Act clearly speaks that will take effect from date…
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