Law:

Section:

Punjab Pre-emption Act (I of 1913)---- ----S. 4---Punjab Pre-emption Act (IX of 1991), S.35---Punjab Pre­emption Ordinance (XVIII of 1990), S.36---Constitution of Pakistan (1973), Art.185(3)---Suit for pre-emption filed on 14-10-1979 was adjourned sine die on 22-3-1982 on plaintiff's own application, but was revived on.18-12-1988 i.e. after the target date---Judgment of Trial Court dismissing suit on 17-7-1990 on the basis of rule laid down in Said Kamal Shah's case PLD 1986 SC 360 was upheld up to High Court---Application seeking revival of suit under S.36 of Punjab Pre-emption Ordinance, J990 was dismissed on 19-2-1991---Revision against such order was dismissed by District Judge, where after plaintiff did not avail any further remedy--­Validity---No decree having been passed in suit on or before 31-7-1986 no decree could be passed after such date in suit filed under Punjab Pre­emption Act, 1913---Right of pre-emption having not been claimed under provisions of Islamic Law, provision of S.36 of Punjab Pre-emption Ordinance, 1990 and that of S:35 of Punjab Pre-emption Act, 1991 would not be attracted---Order passed in revision having attained finality, Supreme Court dismissed petition and refused leave to appeal. Government of N.-W.F.P. v. Said Kamal Shah PLD 1986 SC 360; Haji Rana Muhammad Shabbir Ahmad Khan v. Government of Punjab Province, Lahore PLD 1994 SC 1; Ghulam Hussain v. Mushtaq Ahmad PLD 1994 SC 870 and Muhammad Anwar v. Hafiz Muhammad Akbar Ghughtai 1996 SCMR 749 ref. JUDGMENT MIAN MUHAMMAD AJMAL, J.---The petitioner seeks leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi dated 16-7-2001 whereby Civil Revision No.239 of 1992, filed by him was dismissed. 2. Brief facts are that Sibt-e-Nabi alongwith his two brothers and two sisters sold their land measuring 43 Kanals, 13 Marlas to Hashim Khan defendant/respondent No.1 for sale consideration, of Rs.3,00,000 vide registered sale deed dated 15-10-1978. Sh. Hukmat plaintiff/petitioner pre-empted the said sale through a suit for possession through pre-emption. He alleged that he being a co-sharer in the Khata and owner in the estate had a preferential right of…

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