| Citation(s) |
|---|
| 1999 SLG 276 1999 SLD 276 1999 SCMR 210 |
Supreme Court of Pakistan
Civil Appeal No.502 of 1993, decision dated: 2-12-1998. (On appeal from the judgment of Lahore High Court, Lahore, dated 31-3-1992 passed in C.R. No.2069/89)
SAIDZZAMAN SIDDIQUI AND NASIR ASLAM ZAHID, JJ
Muhammad Hussain Awan, Advocate Supreme Court and Muhammad Aslam Ch., Advocate-on-Recrod for Appellants. C.A. Rehaman, Advocate Supreme Court for
Respondents
Civil Appeal No.502 of 1993, decision dated: 2-12-1998. (On appeal from the judgment of Lahore High Court, Lahore, dated 31-3-1992 passed in C.R. No.2069/89)
SAIDZZAMAN SIDDIQUI AND NASIR ASLAM ZAHID, JJ
Muhammad Hussain Awan, Advocate Supreme Court and Muhammad Aslam Ch., Advocate-on-Recrod for Appellants. C.A. Rehaman, Advocate Supreme Court for
Respondents
NAZIR BEGUM and others
VS
FAZAL DAD and others
Law:
Section:
(a) Punjab Pre-emption Act (I of 1913)--S. 15 --- Constitution of Pakistan (1973), Art. 185(3) --- Pre-emption suit was decreed ex parte on 10-9-1965 which was set aside in appeal in 1984 and case was remanded to Trial Court for fresh decision in accordance with law---Trial Court after remand dismissed suit on merits on 31-7-1988 on the sole ground that no decree for pre-emption could be passed after 31-7-1986 in view of law laid down by Supreme Court in Government of N.-W.F.P. v. Said Kamal Shah PLD 1986 SC 360 and Sardar Ali v. Muhammad Ali PLD 1988 SC 287--Judgment and decree passed by Civil Judge was, however, upheld by the First Appellate Court as well as by High Court --- Validity --- Leave to appeal was granted by Supreme Court to consider the contention that after pre-emptor's suit had once been decreed even though ex parte, there was no bar to a decree being passed in his favour, even after 31-7-1986. Government of N.-W.F.P. v. Said Kamal Shah PLD 1986 SC 360; Sardar Ali v. Muhammad Ali PLD 1988 SC 287; Bahadur Khan v. Muhammad Yousaf 1992 SCMR 2117 and Ghulam Rasool v. Faiz Bakhsh 1992 SCMR 1328 ref . (b) Punjab Pre-emption Act (I of 1913)--- ---- S. 15 --- Pre-emption suit --- Ex parte decree passed in favour of a pre-emptor before the target date (31-7-1986) as fixed in Said Kamal Shah's case PLD 1986 SC 360, was protected notwithstanding the fact that same was an ex parte decree which was set aside later --- Pre-emptor was not debarred to have the case adjudicated in accordance with the law applicable before the date fixed by Supreme Court in Said Kamal Shah's case. [pp. 213, 2151 B & C Government of N.-W.F.P. v. Said Kamal Shah PLD 1986 SC 360; Sardar Ali v. Muhammad Ali PLD 1988 SC 287;'Bahadur Khan v. Muhammad Yousaf 1992 SCMR 2117 and Ghulam Rasool v. Faiz Bakhsh 1992 SCMR 1328 ref JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The appellants' predecessor (Khan Muhammad Khan) instituted a pre-emption suit in respect of land measuring 61 Kanals 18, Marlas situated in Chak Uggo, Tehsil Gujranwala against respondent No. 1. The suit was decreed by the Civil Judge ex parte on 10-9-1969. The ex parte decree was subsequently set aside by the District Judge…
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