| Citation(s) |
|---|
| 1980 SLG 3072 = 1980 SLD 3072 = 1980 PLD 471 |
Lahore High Court
Civil Miscellaneous No. 5524 of 1979 in Regular First Appeal No. 211 of 1978, decided on 12th April, 1980.
Presented By: Zakiuddin Pal and Karrar Hussain Zaidi, JJ
Mwntaz Begum v. Ch. Zulfigar Ali P L D 1960 Lab. 1088 rel. Ahmad Bakhsh and others v. Khurshid Akbar Khan and others P L D 1978 Lab. 838 ;.Abdul Ghani v. Ghulam Sarwar P L D 1977 S C 102 ; Waryam Singh v. Mahtab Singh and others (1913) 76 P R 273 and Suba Khan v. Rehmat Din and 2 others 1980 C. L C 589 distinguished. Sadar Din v. Elahi Bakhsh and another P I. D 1976 Lab. 1 'and Muqarrab Khan. v. Muhammad Anwar Khan and 10 others P L D 1964 Pesh. 228 ref. Muhammad Arif for Appellants. Kamal Mustafa Bukhari for
Respondents.
Civil Miscellaneous No. 5524 of 1979 in Regular First Appeal No. 211 of 1978, decided on 12th April, 1980.
Presented By: Zakiuddin Pal and Karrar Hussain Zaidi, JJ
Mwntaz Begum v. Ch. Zulfigar Ali P L D 1960 Lab. 1088 rel. Ahmad Bakhsh and others v. Khurshid Akbar Khan and others P L D 1978 Lab. 838 ;.Abdul Ghani v. Ghulam Sarwar P L D 1977 S C 102 ; Waryam Singh v. Mahtab Singh and others (1913) 76 P R 273 and Suba Khan v. Rehmat Din and 2 others 1980 C. L C 589 distinguished. Sadar Din v. Elahi Bakhsh and another P I. D 1976 Lab. 1 'and Muqarrab Khan. v. Muhammad Anwar Khan and 10 others P L D 1964 Pesh. 228 ref. Muhammad Arif for Appellants. Kamal Mustafa Bukhari for
Respondents.
MOOR MUHAMMAD AND 3, Other Appellants
VERSUS
Mst. KANIZ FATIMA AND 8 Others-Respondents
Law: Suits Valuation Act (VII of 1887)
Section: 3, 4, 8
(a) Suits Valuation Act (VII of 1887) Ss. 3, 4 & 8 PreemotionValuationJurisdiction Suits for preemotion of landGoverned by S. 3 of Act (VII of 1887)Value of land for jurisdictional purposeTo be determined in accordance with rules if made by Provincial GovernmentCourt Fees Act VII of 1870, S. 7 (v) & (vi).[PreemotionJurisdiction]. (b) Suits Valuation Act (VII of 1887) S. 3 and Rules under Suits Valuation ActValue for purposes of jurisdictionTo be calculated at thirty times annual land revenue assessed to landAppellate forum in suit for .preemotion regarding land held depends, on value of land as determined by rulesWest Pakistan Civil Courts Ordinance (lI of 1962), Ss. 2 (b) & 18(i).4Pre emption]. Date of hearing : 31st March, 1980: JUDGMENT KARRAR HUSSAIN ZAIDI, J.This Civil Miscellaneous Petition bearing No. 5524 of 1979 presented in Regular First Appeal No. 211 of 1978 has been assigned to us for adjudication. 2. The present appellants had instituted a suit for possession through preemption on account of sale of some agricultural land as described in the plaint which was decreed by the trial Court on payment of Rs. 12,95,437.11 with costs with a direction to deposit the same into Court on or before 15915`78 in default whereof the suit shall stand dismissed with costs vide judgment and decree dated 2961978. The plaintiffappellants have come in regular first appeal which has been duly admitted to regular hearing by the Division Bench of this Court on 1291978. The sole question involved in this appeal is the amount at which the claim of the appellants had been decreed. The appellants prayed that the sale consideration fixed by the trial Court as Rs. 12,95,437.11 be modified to Rs. 4,31, 812.31 through a reduction of Rs.…