| Citation(s) |
|---|
| 2004 SLG 1171 2004 SLD 1171 2004 SCMR 1338 |
Supreme Court of Pakistan
Civil Petition No.3465 L of 2001, decision dated: 19-06-2002.(On appeal from the judgment of the Lahore High Court, Lahore dated 4 10 2001 passed in Civil Revision No. 930 of 1993)
MIAN MUHAMMAD AJMAL AND SARDAR MUHAMMAD RAZA KHAN, JJ
Abdul Hafeez Cheema, Advocate Supreme Court and S. Abul Asim Jafri, Advocate on-Record for Petitioners. Taki Ahmad Khan, Advocate Supreme Court and Ch. Mebdi Khan Mehtab, Advocate on-Record for
Respondent
Civil Petition No.3465 L of 2001, decision dated: 19-06-2002.(On appeal from the judgment of the Lahore High Court, Lahore dated 4 10 2001 passed in Civil Revision No. 930 of 1993)
MIAN MUHAMMAD AJMAL AND SARDAR MUHAMMAD RAZA KHAN, JJ
Abdul Hafeez Cheema, Advocate Supreme Court and S. Abul Asim Jafri, Advocate on-Record for Petitioners. Taki Ahmad Khan, Advocate Supreme Court and Ch. Mebdi Khan Mehtab, Advocate on-Record for
Respondent
ZAHEER UD DIN BABAR and another
VS
ALLAH LUBHAIYA
Law:
Section:
Punjab Pre emption Act (IX of 1991) --- S.34(2) North West Frontier Province Pre emption Act (X of 1987), S.35(2) Constitution of Pakistan (1973), Art. 185(3) Judgments and decrees passed before 1 8 1986 Provisions of S.34(2) of Punjab Pre¬emption Act, 1991 and S.35(2) of North West Frontier Province Pre¬emption Act, 1987 Comparison Scope and consequence of both the provisions are the same which were meant to protect the s and decrees passed in cases and appeals before the target date of 31 7 1986 and if a decree in favour of pre emptor was not passed before the target date; pending proceedings could not continue in accordance with the provisions of the repealed Act Judgment and decree having not been passed by the Trial Court prior to, the target date of 31 7 1986, therefore, High Court had rightly allowed revision petition and the .suit was dismissed Judgment and decree passed by High Court did not warrant for interference by Supreme Court under Art.185(3) of the Constitution Leave to appeal was refused. Babar Shehzad v. Said Akbar 1999 SCMR 2518; Government of N. W.F.P. v. Said Kamal Shah PLD 1986 SC 360; Sardar Ali v. Muhammad Ali PLD 1988 SC 287; Muhammad Shoaib v. Member (Revenue) PLD 1988 SC 355; Ghulam Qadir v. Nawab Din PLD 1988 SC 701: Aiwaz Khan v. Allah Bukhsh PLD 1988 SC 730; Ahmed v. Abdul Aziz PLD 1989 SC 771; Sultan v. Habib Ahmad PLD 1990 SC 897; Aziz Begum v. Federation of Pakistan PLD 1990 SC 899; Muhammad Yasin v. Khan Muhammad PLD 1990 SC 1060; Muhammad Ismail v. Ghulam Haider 1991 SCMR 1443; Rozi Khan v. Karim Shah 1992 SCMR 445; Zafar Ullah Khan v. Muhammad Khan 1993 SCMR 696; Asghar Abbas v. Muhammad Amin 1993 SCMR 2022; Said Amir Khan v. Shahzadi Khatoon 1993 SCMR 2050; Khushal Khan v. Rao Nawaz 1994 SCMR 814; Hasan Mahmood v. Bashir Ahmad 1994 SCMR 1624; Muhammad Salam v. Wali Muhammad 1997 SCMR 108 and Muhammad Sarwar v. Muhammad Hussain 1998 SCMR 1938 ref. JUDGMENT MIAN MUHAMMAD AJMAL, J. This petition for leave to appeal calls in. question the validity of the judgment of the Lahore High Court, Lahore, dated 4 10 2001, whereby Civil Revision No. 930 of 1993 of the respondent was allowed, the operative paragraph wherefrom is…
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