Law:

Section:

Keywords: Disposal, Constitutional Jurisdiction, Federal Legislative List, Property, Period, Order, Co-Sharer, Possession, Injunctions Of Islam, Irrigation, High Court, Illegal, Consideration, Scheme Of The Constitution, Board Of Revenue, Proceedings, Procedure, Existing Law, Repugnant, Occupancy, Constitution, Test Of Repugnancy, Federal Government, Petition, Notices, Change, Ownership, Lands, Injunction, Registered, Constitution Of Pakistan, Set Aside, Mode, Notice, Chairman, Orders, Incapable, Determination, Tenant, Examination, Evidence, Federal Shariat Court, Appellate Bench, Proprietor, Period Of Limitation, Enforcement, Repugnancy To Injunctions Of Islam, Place, Land, Parties, Mutation, Leave, Costs, Trial Court, Disposed Of, Question Of Fact, Grounds, Superior Right, Cease, Substitution, Predecessor-In-Interest, Trading, Petitioner, Citizen Of Pakistan, Provisions, Invalid, Impugned Judgment, Estate, Vendees, Jurisdiction, Consequences, Revocation, Payment, Revenue Record, Leave To Appeal, Intervention, Government, Validity, Incorporation, Water Course, Contract, Succession, Adequate, Pre-Emption Appeals disposed of JUDGMENT Shafiur Rahman, J. A number of Petitions in motion, and a few others after notice and in the presence of both the parties, have come up for consideration before this Court with a view to determine the effect and scope of the judgment given in Said Kamal Shah's case (1986 PSC 1241, KLR 1986 Sh. C. 67, PLD 1986 S.C. 360) as interpreted subsequently in a number of other cases. 2. The Petitions which have been heared in the presence of both the parties are Civil Review Petition No.80-R/1988, Civil Petitions No34 and 35 of 1989 and Civil Petitions No.464 and 465 of 1989. 3. The facts in the Review Petition (N0.8O-R/88) are that a sale of agricultural land took place on 15.8.1978 in Tehsil and District Khanewal. It was subjected to a pre-emption suit by Ahmad, the Petitioner. He claimed superior right of pre-emption on the ground of being a co-sharer in the suit land. The suit was contested on numerous grounds but not with regard to the superior right of pre-emption on the ground of being a co-sharer in the land. No issue was, therefore,…

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