Case Details

Citation(s)
1986 SLG 1212 1986 SLD 1212 1986 SCMR 1532
Supreme Court of Pakistan
Civil Petition No. 400 of 1986, decision dated: 30-06-1986. (On appeal from the judgment, dated 4-3-1986 of the Lahore High Court in R . S . A . No. 544 of 1978).
NASIM HASAN SHAH AND MIAN BURHANUDDIN KHAN, JJ

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GHULAM RASOOL and others

VS

SUBA (Deceased) Represented by Ghulam Nabi and others

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Punjab Pre-emption Act (I of 1913), S. 21--Suit for pre-emption --Sale of land not valid--Sale being violative of Martial Law Regulation No. 64 its Mutation not sanctioned by revenue authorities-­Suit of pre-emptor decreed--Leave to appeal granted to consider plea that suit filed to pre-empt sale which was not sanctioned by revenue authorities was of no avail as there was no valid sale in the eye of law which could have been pre-empted and view expressed by Courts below that this was a case of re-sale or return of property to petitioners was erroneous in law as no sale at all had in fact taken place. ORDER NASIM HASAN SHAH, J.--It is .submitted in support of this petition that the sale of the land in dispute by the petitioners in favour of Mst. Fatima Bibi respondent No. 2, vide…
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