Law:

Section:

Pre-emption--Constitution of Pakistan (1973), Art.185(3)---Pre-emption---Plaintiff's suit filed on 3-11-1988 was dismissed on the ground that there was no pre-emptive right available to plaintiff and even if it was available plaintiff had not fulfilled requirements of Islamic Law---Validity---Plaintiff's plea was that High Court was wrong in holding that there was no law of pre-emption during relevant period, while Supreme Court's view as enunciated in PLD 1994 SC 1 was that in absence of statutory law of pre-emption, Islamic Law would hold the field--­Plaintiff's further plea was that Courts below had failed to consider that plaintiff not only pleaded all the "7'albs" in suit but also led evidence which was ignored by Courts below---Leave to appeal was granted to consider the pleas raised. Haji Rana Muhammad Shabbir Ahmad Khan v. Government of Punjab Province, Lahore PLD 1994 SC 1 rel. S.M. Tayyab, Senior Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Zahid Hussain Khan, Advocate Supreme Court and Rana M.A. Qadri, Advocate-on-Record (absent) for Respondents. Date of hearing: 9th June, 1996. ORDER IRSHAD HASAN KHAN, J.---Leave to appeal has been sought under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, against the judgment dated 6-i 1-1995, passed by the Lahore High Court in Civil Revision No. 527-D of 1992. 2. Petitioner filed suit for possession through pre-emption on 3-11-1988 against the respondents/vendees of the disputed land on the ground that he is a co-sharer and also Shafi Khaleet having preferential right to claim the land. In view of the pleadings of the parties relevant issues were framed and the parties led evidence. However, before the petitioner led evidence in affirmative and rebuttal, the respondents moved an application under Order VII, Rule 11, C.P.C. for rejection of the plaint on the ground that from 1-8-1986…

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