Case Details

Citation(s)
1986 SLG 463 1986 SLD 463 1986 SCMR 431
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 613 of 1975, decision dated: 25-11-1980. (On appeal from order of Lahore High Court, dated 20-3-1975 in R.S.A. No. 70 of 1964-BWP).
KARAM ELAHEE CHAUHAN AND ABDUL KADIR SHAIKH, JJ

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Mst. NAWAZ FATIMA-

VS

MUHAMMAD SARWAR and another

Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)--Punjab Pre-emption Act (I of 1913), Ss. 4 & 15--Notification No. 74, dated 12-6-1944--Pre-emption suit--Petitioner­ plaintiff having no right of pre-emption in property at time of sale and at time of suit and a right revived to him after institution of suit--Suit of petitioners, held, rightly dismissed by Courts below-.-Leave refused. Muhammad Ismail Qureshi, Advocate Supreme Court and Sh. Masud Akhtar, Advocate-on-Record for Petitioner. M.A. Qadri, Advocate Supreme Court and Ch. Asghar Ali Bhatti, Advocate-on-Record for Respondent No. 1. Date of hearing: 25th November, 1980. ORDER ABDUL KADIR SHAIKH, J.--The petitioners suit for pre-emption was dismissed by the trial judge on 11-3-1963 on the ground that the suit land was situated in colony area and was not subject to pre-emption. Petitioners appeal was dismissed by the District Judge, Bahawalpur on 18-4-1964, and her second appeal was also dismissed by Lahore High Court for the same reason on 20-3-1975 and she now seeks special leave to appeal. Mr. Shaikh Masud Akhtar, learned Advocate-on-Record for the petitioner submits that the notification, dated 12-6-1944 which placed prohibition on the claims of pre-emption was withdrawn by…
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