Case Details

Citation(s)
2005 SLG 1309 2005 SLD 1309 2005 SCMR 1125
Supreme Court of Pakistan
Civil Petition No. 1512 L of 2002, decision dated: 3rd February, 2003
JAVED IQBAL, TANVIR AHMED KHAN AND FAQIR MUHAMMAD KHOKHAR, JJ

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FAIZ MUHAMMAD and others ers

VS

. ZAFAR AHMAD and others --Respondents

Law:

Section:

(a) Punjab Pre emption Act (I of 1913) --S. 15 Punjab Pre emption Act (IX of 1991), Ss.34(2) & 35(1) Pre¬emption suit Suit decreed on 6 12 1982 was remanded by Appellate Court for a fresh decision Suit in post remand proceedings was dismissed on 19 1 1987 by trial Court, but was decreed by Appellate Court on 17 2 1991 High Court dismissed revision petition filed by defendant Validity Rule laid down in Said Kamal's case PLD 1986 SC 360 would have no bearing on such decree, which was in existence on 6 12 1982 Decree once passed in favour of pre emptor would fall within such rule, even if set aside by Appellate Court prior to 31 7 1987 Present suit was pending for re decision before Trial Court, wherein decree could competently be passed in accordance with provisions of Punjab Pre emption Act (I of 1913) as if same had not been repealed Impugned being in consonance with law laid down by Supreme Court did not warrant interference Supreme Court dismissed petition. Government of N.W.F.P. v. Said Kamal Shah PLD 1986 SC 360; Sardar Ali v. Muhammad Ali PLD 1988 SC 287; Nazir Begum v. Fazal Dad 1999 SCMR 210; Rozi Khan v. Karim Shah 1992 SCMR 445; Muhammad Shafi v. Muhammad Hussain 2001 SCMR 827; Bahader Khan v. Muhammad Yousaf 1992 SCMR 2117 and Ghulam Rasool v. Faiz Bakhsh 1992 SCMR 1328 ref. (b) Constitution of Pakistan (1973) Art. 185(3) Supreme Court Rules, 1980, O.XIII, R.1 Petition for leave to appeal Delay of 24 days No plausible justification was shown for condoning such delay Supreme Court dismissed petition as being barred by time. Mian Ghulam Rasool, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate on Record (absent) for Petitioners. Nemo for Respondents. Date of hearing: 3rd February, 2003. ORDER JAVED IQBAL, J. ---This petition for leave to appeal is directed against the judgment, dated 21 1 2002 passed by learned Lahore High Court, Lahore, whereby revision petition preferred on behalf of petitioner has been dismissed and judgment, dated 17 2 1991 passed by," learned Additional District Judge, Bhakkar decreeing the suit of respondents has been kept intact. 2. Precisely stated the facts of the case as enumerated in the judgment impugned are to…
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