| Citation(s) |
|---|
| 1994 SLG 1082 1994 SLD 1082 1994 KLR 118 |
Lahore High Court
Civil Revision No. 970 of 1994, 19th April. 1994.
MUNIR A. SHEIKH, J
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Civil Revision No. 970 of 1994, 19th April. 1994.
MUNIR A. SHEIKH, J
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Jamal Din And Another
VS
Allah Bakhsh And Another
Law:
Section:
Keywords: Period Of Limitation, Pre-Emption, Interpretation, Petitioner, Qualifications, Provisions, Trial Court, Petition, Cease, Suit For Pre-Emption, Retention, Impugned Order, Determination, Claims, Jurisdiction, Enforcement, Period, Necessity, Order, Qualification, Possession, Judgment Of The Trial Court, Maintainability, Land, Injunctions Of Islam, Repugnant, Exercise Of Jurisdiction, Government, Commencement, Maintain, Extension, Costs JUDGMENT MUNIR A. SHEIKH, J.- This judgment will also dispose of Civil Revision No.971/94 as the questions of law and facts requiring determination in both of them are common. 2. This Revision petition is directed against order dated 14.7.1991 passed by learned Civil Judge, Shakargarh through which an application made by the petitioners/defendants under Order 7 Rule 11 CPC seeking rejection of the plaint of the suit filed by the respondent for possession of land through pre-emption has been rejected. 3. The main ground urged in the application was that according to averments in the plaint the requirements of law as regards Talab-i-Muwathibat had not been fulfilled about which the learned trial Court held that according to the provisions of Ordinance 28 of 1990 in such suits if requirement as regards Talab-i-Ishhad had been fulfilled the same was sufficient to maintain the suit, therefore, the plaint was not liable to be rejected because averments in the plaint had been made that the requirements as regards Talab-i-Ishhad had been fulfilled. The application was dismissed through the impugned order dated 14.7.91. 4. Learned counsel for the petitioner relying upon judgment reported as Haji Rana Muhammad Shabbir Ahmad Khan Versus Government of the Punjab (Lahore), (94 Supreme Court Page 1 KLR 1993 Rev. 145) of the Appellate Shariat Bench of the Supreme Court submitted that the provisions of Punjab Preemption Act 1991 which provided that in such suits there was no necessity to fulfill requirement as regards Talab-i-Muwathibat in case requirement as to Talab-i- Ishhad had been fulfilled, the right of pre-emption could be enforced and the suit was maintainable, was declared repugnant to the Injunctions of Islam, therefore, fromβ¦
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