| Citation(s) |
|---|
| 1992 SLG 541 1992 SLD 541 1992 SCMR 445 |
Supreme Appellate Court, Pakistan
Civil Appeals Nos. 1-P/89, 16-P/89, 66-P/89, 18-P/90........244-P/91, decision dated: 20-01-1992(On appeal from the judgment dated 6-4-1988 and 11-2-1987 of the Peshawar High Court, Peshawar. in C.Rs. Nos. 17 of 1982 .and 404 of 1981, respectively)
MUHAMMAD AFZAL ZULLAH, C.J., NASIM HASAN SHAH, ABDUL QADEER CHAUDHRY, MUHAMMAD AFZAL LONE AND WALI MUHAMMAD KHAN, JJ
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Civil Appeals Nos. 1-P/89, 16-P/89, 66-P/89, 18-P/90........244-P/91, decision dated: 20-01-1992(On appeal from the judgment dated 6-4-1988 and 11-2-1987 of the Peshawar High Court, Peshawar. in C.Rs. Nos. 17 of 1982 .and 404 of 1981, respectively)
MUHAMMAD AFZAL ZULLAH, C.J., NASIM HASAN SHAH, ABDUL QADEER CHAUDHRY, MUHAMMAD AFZAL LONE AND WALI MUHAMMAD KHAN, JJ
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ROZI KHAN and others
Syed KARIM SHAH and others
Law:
Section:
(a) North-West Frontier Province Pre-emption Act (X of 1987)--S.35(2)---Words "Judgments and decrees passed by the Courts have become final" in S.35(2) of the Act mean "those s and decrees wherein the suit of the pre-emptor had been decreed by the Courts rendering it". Bibi Jan v. R. A. Monny P L D 1961 S C 69 and Sardar Ali v. Muhammad Ali P L D 1988 S C 287 ref. (b) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 35---Impact of S.35 on suits and appeals which were instituted under the N.-W.F.P. Pre-emption Act,, 1950 but were still pending when N: W.F.P. Preemption Act, 1987 was enforced on 28-4-1987---Word "final"---Connotation. This section envisages pendency of appeals and cases against the and decrees which have become final. The word "final" in this section meant the " or decision which terminates action in Court which renders it". An order may be final, if it determines the rights of the parties, concludes the controversy so far as a particular authority or forum is concerned notwithstanding that such an, order may be open to challenge in appeal etc. The words " s and decrees passed by the Courts have become final" in subsection (2) of section 35 mean "those s and decrees wherein the suit of the pre-emptor has been decreed, by the Courts rendering it". The effect of the provisions of section 35 of the new Islamic Law of Pre-emption, is that if at the time of the enforcement of the Islamic Law of Pre-emption (i.e. 1-8-1986 when the principles of the Islamic Common Law became applicable in the absence of any statutory law or after 28-4-1987 when Act X of 1987 was promulgated) a final decree namely a decree in favour of the plaintiff/pre-emptor decreeing the suit for pre-emption) had already been passed and an appeal against it was pending (which is a further proceeding relating to the case in which the decree was passed), the said further proceedings shall be governed and decided under the provisions of the Old Act (N.-W.F.P. Pre-emption Act, 1950), and the provisions of Act X of 1987 would not be attracted. Similarly, if a final (decreeing the suit of the plaintiff/pre-emptor) had been passed before the aforesaid dates and the said…
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