Law:

Section:

Punjab Pre-emption Act (IX of 1991)-------S. 34(2)---Words " s and decrees" as used in S.34(2) of Punjab Pre-emption Act, 1991---Scope---Suit dismissed under Punjab Pre-emption Act, 1913 (having been declared to be repugnant to Injunction of Islam) not saved for further remedies. Government of N.-W.F.P. v. Said Kamal Shah PLD 1986 SC 360; Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 and Muhammad Sharif v. Muhammad Sharif 1992 SCMR 1129 ref. Rozi Khan and others v. Syed Karim Shah and others 1992 SCMR 445 fol. Waqar Azim, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 4th April, 2003. JUDGMENT MUNIR A. SHEIKH, J.--- The suit filed by the petitioner to pre-empt the sale was dismissed by the trial Court before 31-7-1986, the date on which the rule laid down in the case of Government of N.-W.F.P. v. Said Kamal Shah PLD 1986 SC 360 became operative. The appeal filed by him against the said judgment of dismissal of his suit was pending before the First Appellate Court at the relevant time which was dismissed on the ground that in view of rule laid down in the case of Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287, the suit of the petitioner could not be decreed after the said date i.e. 31-7-1986. Second appeal tiled by him before the High Court has also been dismissed through the impugned judgment dated 17-4-2000 by following the rule laid down by this Court in the case of Rozi Khan and others v. Syed Karim Shah and others 1992 SCMR 445, against which leave is sought. 2. Learned counsel for the petitioner submitted that since section 34(2) of the Punjab Pre-emption Act, 1991 was interpreted by this Court in the case of Muhammad Sharif v. Muhammad Sharif 1992 SCMR 1129 in which it was held that the expression "judgments and decrees" used in the said provision did not necessarily mean decree in favour of the pre-emptor of pre-emption and the same would also include the decision of the case of dismissal of the suit which also was a decree, therefore, the proceedings in appeal pending against said judgment and decree of dismissal of suit were also to be decided according to the old Pre-emption Act,…

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