| Citation(s) |
|---|
| 2008 SLG 1517 2008 SLD 1517 2008 SCMR 141 |
Supreme Court of Pakistan
Civil Appeal No.939 of 2000, decision dated: 11-09-2006.(On appeal from the judgment, dated 6-6-2000 passed by the Lahore High Court, Multan Bench, Multan in Regular Second Appeal No.1222 of 1981)
SARDAR MUHAMMAD RAZA KHAN AND FALAK SHER, JJ
Kh. Muhammad Farooq, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Appellant. Malik M. Rafiq Rajwana, Advocate Supreme Court with M. S. Khattak, Advocate-on-Record for
Respondents Nos.1 and 3.
Respondent No. 2. Ex parte
Civil Appeal No.939 of 2000, decision dated: 11-09-2006.(On appeal from the judgment, dated 6-6-2000 passed by the Lahore High Court, Multan Bench, Multan in Regular Second Appeal No.1222 of 1981)
SARDAR MUHAMMAD RAZA KHAN AND FALAK SHER, JJ
Kh. Muhammad Farooq, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Appellant. Malik M. Rafiq Rajwana, Advocate Supreme Court with M. S. Khattak, Advocate-on-Record for
Respondents Nos.1 and 3.
Respondent No. 2. Ex parte
Mst. MEHTAB BEGUM
VS
Nawabzada NASRULLAH KHAN through L.Rs.
Law:
Section:
Punjab Pre-emption Act (IX of 1991)---S. 6---Constitution of Pakistan (1973), Art.185---Appeal to Supreme Court---Suit for pre-emption---Sale was pre-empted by respondent on the grounds that he was a co-sharer in the Khata; was owner in the estate and was real brother of the vendor---Two courts below and High Court concurrently decreed suit---Only objection raised by the vendee/appellant was that pre-emptor/respondent had already been hit by Land Reforms Regulation---Contention of appellant was that surplus land of respondent stood resumed; that he had been brought to the level of subsistence holding and that if the present decree was granted to him, he would again be hit by the Land Reforms Regulation and the grant of decree would be an exercise in futility---Validity---Whether a person was hit by Land Reforms, either by purchase or by obtaining a decree, was the sole job of Land Commission to determine and that too in future---Pre-emption decree could not be refused on the sole ground that it would increase the holding of pre-emptor. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.---Mst. Mehtab Begum has filed this appeal against the judgment dated 6-6-2000 of Lahore High Court, Multan Bench whereby a decree for possession through preemption of the suit-land stood concurrently granted against her and in favour of Nawabzada Nasrullah Khan, by three Courts. Her appeal failed before the High Court. 2. Mst. Asooda Begum sold the suit-land in favour of Mst. Mehtab Begum vide Mutation No.17 attested on 31-7-1969 for a sum of Rs.3,00,000.'The sale was preempted by Nawabzada…
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