Case Details

Citation(s)
1995 SLG 532 1995 SLD 532 1995 SCMR 187
Supreme Court of Pakistan
Civil Petition No. 576 L of 1993, decision dated: 11-05-1994.
AJMAL MIAN AND WALI MUHAMMAD KHAN, JJ
Ch. Khan Muhammad Bajwa, Advocate Supreme Court and S. Abul Aasim Jafferi, Advocate on-Record. Naveed Shehryar, Advocate Supreme Court and MA. Qureshi, Advocate on-Record

MUHAMMAD YUSUF and 4 others

VS

ALLAH YAR and 3 others

Law:

Section:

Punjab Pre emption Act (I of 1913)S. 15 Constitution of Pakistan (1973), Art. 185(3) Pre emption decree passed in favour of respondents attained finality Petitioners acquiring lease in respect of land in question in 1984 (after pre emption decree had already been passed) from debtors (vendees) Petitioners were deriving their alleged right from debtors and thus, they could not defeat pre¬emption decree which had attained finality Dismissal of petitioner's suit on the ground that they were not a party to suit (on the basis of alleged lease) was in consonance with law Leave to appeal was refused in circumstances. JUDGMENT AJMAL MIAN, J. This is a petition for leave to appeal against the judgment dated 3 4 1993 passed by a learned Single Judge of the Lahore High Court in Civil Revision No. 1463 of 1991 filed by the petitioners against the rejection of the plaint by the trial Court and affirmation of the same by the learned Appellate Court by orders dated 3 6 1991 and 17 7 1991 respectively, dismissing the same. 2. The brief facts are that respondents Nos. 1 and 2 filed a pre emotion suit against respondents Nos. 3 and 4 in respect of suit agricultural land, which was decreed by the trial Court on 13 3 1978. The above decree was affirmed in appeal by the learned Additional District, Judge, Chiniot, a learned Single Judge of the Lahore High Court in second appeal and by this Court by declining a petition for leave to appeal. Thus, the pre emotion decree passed in favour of respondents…
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