Case Details

Citation(s)
1991 SLG 829 1991 SLD 829 1991 SCMR 228
Supreme Court of Pakistan
Civil Appeal No.228 of 1986, decision dated: 18-12-1989(Against the judgment and order of the Lahore High Court, Lahore dated the 19-11-1985, in W.P.No.5073 of 1983)
MUHAMMAD AFZAL ZULLAH, ABDUL QADEER CHAUDHRY AND AJMAL MIAN, JJ

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LAL DIN

BASHIR AHMAD

Law:

Section:

(a) Constitution of Pakistan (1973)--Art.185(3)--Grant of leave to appeal--Petitioner, whether entitled to argue any other point besides the point on which leave was granted--To confine petitioner to argue only on a point on which leave had been granted was not a universal proposition of law--In order to do complete and fair justice, a departure could be made--Supreme Court was not debarred from considering the correctness of a decision where point of law involved therein was found out to go to the root of the cause--Any other ground besides the ground on which leave was granted could be permitted to be argued to promote cause of justice. John E. Brownlee v. Vivan Mac Millan AIR 1940 P C 219; Ashfaqur Rehman Khan v. Ch. Muhammad Afzal PLD 1971 SC 766; Khushdil v. The State PLD 1981 SC 582; Din Muhammad v. Umar Hayat 1981 SCMR 326; Khondkar Abu Taleb v. The State PLD 1967 SC 32 and Abdul Ghafoor v. Muhammad Shafi PLD 1985 SC 407 ref. (b) West Pakistan Land Reforms Regulation, 1959 [M.L.R.64]--- ---Para.26--Land Reforms Regulation, 1972 [M.L.R.115], para.25--Para.26 of M.L.R. 64 was not para materia with para.25 M.L.R. No.115, because there was no provision in para.26, -M.L.R. No.64 giving right of pre-emption to tenant while. para.25, M.L.R. No.115 had conferred such right on tenants. John E.Brownlee v. Vivan Mac Millan AIR 1940 P. C. 219 distinguished. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ---S.4--Punjab Tenancy Act (XVI of 1857), S.4-Word "Chakota"-Meaning--Word has not been defined either in West Pakistan Land Revenue Act, 1967 or in Punjab Tenancy Act, 1887--Meaning in common parlance supplied. (d) Words and phrases... ----Word "Chakota" means rent consisting of a fixed amount of grain in a particular season of harvest. Oxford Practical Dictionary; English to English and Urdu Dictionary by Ferozesons (New Edition); Wali Dad v. Deputy Commissioner, Karachi and 2 others PLD 1975 Kar. 202; Illahi Bux and 3 others v. The Deputy Commissioner, Sukkur and 3 others PLD 1977 Kar. 825; Khushi Muhammad v. Government of Punjab and others 1981 CLC 1677; Muhammad Ashraf v. Member (Revenue), Board of Revenue, Lahore and 18 others 1984 CLC 2950; Haji Ghulam…
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