| Citation(s) |
|---|
| 1994 SLG 949 1994 SLD 949 1994 SCMR 1879 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.559-L of 1992, decision dated: 20-07-1993
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Hamid Adam Qureshi, Advocate-on-Record and CA. Rehman, Advocate Supreme Court for the Caveator.
Civil Petition for Special Leave to Appeal No.559-L of 1992, decision dated: 20-07-1993
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Hamid Adam Qureshi, Advocate-on-Record and CA. Rehman, Advocate Supreme Court for the Caveator.
NAZIR BEGUM and 5 others
FAZAL DAD and others
Law:
Section:
Punjab Pre-emption Act (I of 1913)--S. 15---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted to consider contention of the petitioner that suit for pre-emption having once been decreed, even though ex parte before the target date (i.e. 31-7-1986) there was no bar to a decree being granted even after the target date. Government of N.-W.F.P. v. Said Kamal Shah PLD 1986 SC 360 and Sardar Ali v. Muhammad Ali PLD 1988 SC 287 ref. Bahadur Khan v. Muhammad Yousaf 1992 SCMR 2117 and Ghulam Rasool v. Faiz Bakhsh 1992 SCMR 1328 Tel. ORDER SAAD SAOOD JAN, J.---By a registered deed dated 29-4-1968 respondent No.h purchased 61 Kanals and 18 Marlas of agricultural land situate in Chak Aggo of Tehsil Gujranwala for a sum of Rs.23,250. On 26-4-1969 Khan Muhammad Khan, predecessor-in-interest of -the petitioners, brought a suit for pre-emption, claiming that not only he was a collateral of the vendors but also a co-sharer in the Khata of which the land in dispute formed a part. The suit was decreed ex parte on 10-9-1969. Subsequently, the ex parte…
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