Case Details

Citation(s)
1986 SLG 521 1986 SLD 521 1986 SCMR 557
Supreme Court of Pakistan
Civil Petition No. 289-R of 1985, decision dated: 11-12-1985. (On appeal from the judgment and order, dated 25-3-1985 passed in Writ Petition No. 117 of 1981 by the Peshawar High Court, Peshawar).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ

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ASLAM KHAN

VS

KARIM BAKHSH (deceased) through Legal Heirs and others

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--North-West Frontier Province Pre-emption Act (XIV of 1950), S. 12--Leave to appeal granted to consider--Whether High Court was in error to follow decision by Shariat Bench in case of Haji Naimatullah Khan and another v. Government of Pakistan through Ministry of Law P L D 1979 Pesh. 104 and to deny the petitioner right to pre-empt sale in capacity of a tenant, and as to factum of petitioners actual possession not being taken into consideration as against entries in Misl-e-Haqiat while seeking to enforce his right of pre-emption on date of sale and thereafter. Ch. Akhtar Ali, Advocate-on-Record, Supreme Court of Pakistan for Petitioner. Nemo for Respondents. ORDER MUHAMMAD HALEEM, C.J.--Leave to appeal is granted to the petitioner to consider:- (a) Whether the High Court was…
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