Case Details

Citation(s)
1993 SLG 623 1993 SLD 623 1993 SCMR 696
Supreme Court of Pakistan
Civil Appeals Nos.1382 to 1392, 1394 to 1401, 1405 to 1406 and 1408 to 1410 of 1990, decision dated: 18-11-1992, hearing DATE (in all C.As.): 18-11-1992.(On appeal from the judgment/order of Lahore High Court, Lahore dated 18-3-1990 in Civil Revision No.
SAAD SAOOD, JAN AND SALEEM AKHTAR, JJ

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ZAFARULLAH KHAN

MUHAMMAD KHAN and others

ABDUL SHAKOOR and 2 others

ABDUL AZIZ and others

Haji MUHAMMAD ISHAQUE

SHAMS DIN.

MUHAMMAD BASHIR and 3 others

ALI AHMAD

MUHAMMAD SIDDIQUE and 5 others

ABDUL KARIM

MUHAMMAD SAEED and 2 others

Mian MUHA

Law:

Section:

Punjab Pre-emption Act (IX of 1991)--S.34(2)---Expression and decree" occurring in S.34(2) refer to those s and decrees alone which had been passed in favour of pre­emptors ---Contention that even though suits of pre-emptors were not decreed before 31-7-1986 yet the decrees passed after that date stood saved by the provisions of S.34(2) was repelled. Government of N.-W.F.P. v. Said Kamal Shah PLD 1986 SC 360; Sardar Ali v. Muhammad Ali PLD 1988 SC 287; Mst. Aziz Begum v. Federation of Pakistan PLD 1990 SC 899; Muhammad Sharif v. Muhammad Sharif 1992 SCMR 1129 and Rozi Khan v. Karim Shah 1992 SCMR 445 fol. JUDGMENT SAAD SAOOD JAN, J.---These appeals arise out of suits for pre-­emption and have been preferred by the vendees. They all have a common feature in that the suits were decreed in favour of the pre-emptors for the first time after 31-7-1986. In view of the judgments of this Court in the cases of Government of N.-W.F.P. v. Said Kamal Shah (PLD 1986 SC 360), Sardar Ali v. Muhammad Ali (PLD 1988 SC 287) and Mst. Aziz Begum v. Federation of Pakistan (PLD 1990 SC 899) the suits could not have been decreed in favour of the pre-emptors after the aforementioned date. Accordingly, the decrees passed in favour of the pre-emptors cannot be supported. 2. Civil Appeals Nos. 1382, 1383, 1385, 1386, 1388, 1389, 1390, 1392, 1400, 1401, 1402, 1403, 1405, 1406, 1409 and 1410 of 1990 have another common feature also. The suits relating to these appeals were instituted before 31-7-1986 and were also dismissed by the trial Court before that day. Learned counsel appearing for the pre-emptors in these appeals contend that section 34(2), the-Punjab Pre-emption Act, 1991, has expressly saved their suits and thus the rule laid down by this Court in the abovementioned and other cases that no decree could be passed in favour of the pre-emptor after 31-7-1986 is not applicable to them; consequently, the decrees passed in their favour even though on a date falling after 31-7-1986 are immune from challenge. Section 34(2), ibid, reads as follows:-- "Nothwithstanding anything contained in this Act, in the cases and appeals filed under the Punjab Pre-emption Act, 1913 (I of…
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