Law: Constitution of Pakistan, 1973

Section: 185(3),203-H

Punjab Pre-emotion Act (IX of 1991)--S.35(2)---Constitution of Pakistan (1973), Arts. 185(3) & 203-H---Pre­emption suit, revival of---Leave to appeal was granted by Supreme Court to consider the contention that Supreme Court decision in Rana Muhammad Bashir Ahmad Khan v. Government of Punjab Porvince reported as PLD 1994 SC 1 was not applicable to the case of petitioner as prior to taking effect of said decision, existing law in terms of Art.203-H of the Constitution would apply to the decision of the cases and petitioner's suit for pre-emotion having been filed during the interregnum would be governed by the period of one year. Rana Muhammad Bashir Ahmad Khan v. Government of Punjab Province PLD 1994 SC 1 ref. Jari Ullah Khan, Advocate Supreme Court and C.M. Latif, Advocate-dn-Record for Petitioner. Mian Sarfraz-ul-Hassan, Advocate Supreme Court and Mahmood­ul-Islam, Advocate-on-Record for Respondent. Date of hearing: 13th April, 1999. ORDER MAMOON KAZI, J.---The respondent purchased 1/2 share in agricultural land measuring 109 Kanals and 14 Marlas situated in Chak No.282/JB, Tehsil Gojra, District Toba Tek Singh through an oral sale for which Mutation No.244 was attested in his favour on 13-7-1988. The petitioner filed a suit for pre-emotion against the respondent in the Court of Civil Judge, First Class, Gojra. The Trial Court rejected the plaint on the ground that there subsisted no pre-emotive right to the petitioner. . 2. On 18-10-1990, the petitioner filed an application before the trial Court for the revival of the suit under section 35 of the Punjab Pre-emotion Ordinance, 1991 and subsequently, the suit was restored vide order, dated 26-5-1991. The respondent once again filed an application under Order…

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