| Citation(s) |
|---|
| 1994 SLG 747 1994 SLD 747 1994 SCMR 1131 |
Supreme Court of Pakistan
Civil Petition No. 105-P of 1992, decision dated: 9-02-1993
MUHAMMAD AFZAL ZULLAH, C.J. AND SAJJAD ALI SHAH, J
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Civil Petition No. 105-P of 1992, decision dated: 9-02-1993
MUHAMMAD AFZAL ZULLAH, C.J. AND SAJJAD ALI SHAH, J
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FATEHUR REHMAN
UMARA KHAN and 5 others
Law:
Section:
North-West Frontier Province Pre-emption Act (X of 1987)--S.12---Constitution of Pakistan (1973), Art. 185 (3)---Plaintiff's suit for preemption was decreed in 1987, much beyond the target date of 31st July 1986--Such fact having been noticed subsequently, decree in question, was set aside--High Court upheld the plea that decree not having been passed before the target date nor Talabs having been established, case was covered by the decision of Supreme Court in Rozi Khan's Case (1992 SCMR 445)---High Court's decision was correct and would not justify interference on any ground---Leave to appeal was refused in circumstances. ORDER MUHAMMAD AFZAL ZULLAH, CJ. ---This petition arises out of the plaintiff/petitioner's suit for pre-emption. His suit was decreed in 1987 much beyond the target date in 1986. This having been noticed subsequently, the decree was set aside. In the High Court upheld the plea that the decree…
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