| Citation(s) |
|---|
| 1986 SLG 732 1986 SLD 732 1986 SCMR 1108 |
Supreme Court of Pakistan
Civil Petition No. 249-R of 1984, decision dated: 12-04-1986. (From the judgment of the Lahore High Court, Rawalpindi Bench, dated 26-6-1984, passed in Writ Petition No. 472 of 1982).
SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
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Civil Petition No. 249-R of 1984, decision dated: 12-04-1986. (From the judgment of the Lahore High Court, Rawalpindi Bench, dated 26-6-1984, passed in Writ Petition No. 472 of 1982).
SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
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SUMANDAR KHAN
VS
NAWAB KHAN and others
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Punjab Pre-emption Act (I of 1913), S.22--Petition for leave to appeal--Question raised in petition concerning interpretation of requirement of S.22 of Punjab Pre-emption Act which deserved an authoritative pronouncement--Leave to appeal granted. Kh. M. Yusuf Saraf, Advocate Supreme Court instructed by Khan Imtiaz Muhammad Khan, Advocate-on-Record for Petitioner. Kh. Muhammad Farooq, Advocate Supreme Court for Respondents. Date of hearing: 12th April, 1986. ORDER SHAFIUR RAHMAN, J.--The petitioner, a vendee of agricultural land, seeks leave to appeal against the judgment of the Lahore High Court, dated 26-6-1984, refusing thereby to interfere with the revisional order of the Member, Board of Revenue, dated 20-9-1982. 2. The petitioner unsuccessfully contested the claim of Nawab Khan, the respondent, to pre-empt the suit land. The respondent was held to be tenant and allowed to pre-empt the sale on deposit of Rs.70, 000 by 21-8-1981 inclusive of one-fifth deposit made under section 22 of the Punjab Pre-emption Act. The date the suit was decreed was 21-7-1981. On 12th of August, 1981, the pre-emptor submitted an application in the trial Court that he abandoned his pre-emption right and sought withdrawal of one-fifth pre-emption money amounting to Rs.14,000 and obtained its refund. By second application made on 15-8-1981 he got permission and deposited Rs.70,000, the decretal amount due to be deposited before 21-8-1981. During the pendenciy of appeal filed by the petitioner he took an objection to this withdrawal…
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