Law:

Section:

Punjab Pre-emption Act (IX of 1991)--S. 34---Effect of S. 34---Words " s and decrees passed by the Court have become final" occurring in S. 34, Punjab Pre-emption Act, 1991 means those s and decree wherein the suit of the pre-emption has been decreed by the Courts rendering it---Effect of S. 34 is that if at the time of the enforcement of Act of 1991 when the principles of the Islamic Common Law became applicable, in the absence of 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 same was pending (which is further proceeding relating. to the case in which the decree was passed), the said further proceedings shall be governed and decreed under the provisions of the old Act of 1913 and the provisions of Act of 1991 would not be attracted---Where a final decreeing the suit of the plaintiff/pre-emptor had been passed before the dates and the said was being challenged before the revisional Court or the High Court in its Constitutional jurisdiction, such proceedings too shall be governed by and decreed under the provision of the old Act of 1913. Rozi Khan and others v. Syed Karim Shah and others 1992 SCMR 445 fol, ' Government of N.-W.F.P. v. Said Kamal Shah PLD 1986 SC 360; Muhammad Sharif v. Muhammad Sharif 1992 SCMR 1129; Sir Muhammad Zafarullah Khan, v. Custodian, Evacuee Property PLD 1964 SC 865 and Nabi Ahmad v. Home Secretary PLD 1969 SC 599 ref. ORDER FAZAL ILAHI KHAN, J: --Leave to appeal is prayed for against the judgment dated 26-9-1993 of the Lahore High. Court, Rawalpindi Bench, Rawalpindi in Writ Petition No.504 of 1992. Briefly stated the respondents No.l to 4 purchased land measuring 4 Kanals comprising of Khasras Nos. 318, 322, 326 and 327 situated in Gujar Khan through a registered deed dated 25-4-1993. The petitioner pre-empted the sale in the suit instituted in the Court of Senior Civil Judge, Gujar Khan on 20-4-1973 alleging that the suit land comprised in his tenancy. The suit was transferred in the Court of District Collector on promulgation of Land Reforms (Amendment) Act, 1976 (Act XLVIII). The defendants/vendees contested the suit by filing…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492