Law:

Section:

(a) Constitution of Pakistan (1973)-----Art.185(3)--Punjab Pre-emption Act (I of 1913), S. 4--Leave to appeal granted to examine whether admission of vendee with regard to superior right of pre-emptor had not been misunderstood, misinterpreted and wrongly made basis of decisions culminating in dismissal of her second appeal by High Court. (b) Punjab Pre-emption Act (I of 1913)-- ---S. 4--Appeal before Supreme Court--Superior right of pre-emption-­Admission of vendee as to superior right of pre-emptor--Revenue record exhibited at trial showing that plain tiff-pre-emptor was a co-sharer in one Khewat only and not in the Khewat comprising major portion of land which was subject-matter of suit--Written arguments appeared to have been submitted before first appellate Court as they were specifically mentioned in grounds of appeal filed before High Court--Pleadings of parties had that excusable imprecision, a feature of Muffasil pleadings and therefore, could not be decisive of point in issue at appeal before Supreme Court--Admission of vendee relating to one Khewat (not comprising major portion of land in suit) was misunderstood by all Courts to extend to entire suit property which was patently an erroneous supposition--Courts had not shown awareness of other ground of superiority of pre-emption right of plaintiff of his being owner of estate nor had it determined its factual basis but so-called admission of vendee was supposed to foreclose any discussion on that issue--Held, all such questions of fact were necessarily to be decided with full awareness of precise controversy, s and decrees of all three Courts therefore, were set aside and case remanded to trial Court for decision afresh on question of superiority of pre-emption claim of plaintiff. Maulvi Siraj-ul-Haq, Advocate Supreme Court instructed by M.A. Siddiqui, Advocate-on-Record for Appellants. Bashir Ahmad Ansari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondents. Date of hearing: 2nd June, 1985. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to the defendant vendee in a pre-emption matter to examine whether her admission with regard to the superior right of the…

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