| Citation(s) |
|---|
| 2008 SLG 1077 2008 SLD 1077 2008 PLD 331 |
Supreme Court of Pakistan
Civil Appeal No. 130 of 2005, decision & hearing Dated: 11-02-2008. (Against the judgment/order Dated 10-2-2005, of the Lahore High Court, Lahore, passed in C.R.No. 464 of 2000).
MUHAMMAD NAWAZ ABBASI, JUSTICE MUHAMMAD QAIM, JAN KHAN, JUSTICE
Petitioner(s) by: Gul Zarin Kiani
Respondent(s) by: Zafar Iqbal Chaudhry
Civil Appeal No. 130 of 2005, decision & hearing Dated: 11-02-2008. (Against the judgment/order Dated 10-2-2005, of the Lahore High Court, Lahore, passed in C.R.No. 464 of 2000).
MUHAMMAD NAWAZ ABBASI, JUSTICE MUHAMMAD QAIM, JAN KHAN, JUSTICE
Petitioner(s) by: Gul Zarin Kiani
Respondent(s) by: Zafar Iqbal Chaudhry
MULTAN KHAN AND OTHERS
VS
MUSHTAQ ALI
Law: Punjab Pre-emption Act, 1991
Section: 6,13,35
Law: Constitution of Pakistan, 1973
Section: 185(3)
Punjab Pre-emption Act (IX of 1991)--- ----Ss. 6, 13 & 35---Constitution of Pakistan (1973), Art.185(3)---Pre emption suit---Limitation---Superior right of pre-emption claimed by plaintiff on basis of common source of irrigation from government water channel---Sale took place on 29-1-1989---Suit filed on 25-1-1990 (i.e. during 1-7-1986 and 28-3-1990, when first Pre-emption Ordinance, 1990 was promulgated stating to be in accord with of Supreme Court reported as Government of N.-W.F.P. through Secretary Law Department v. Malik Said Kamal Shah PLD 1986 SC 360---Dismissal of suit by trial Court and Appellate Court to be filed beyond four months as provided under S.35 of Punjab Pre-emption Act, 1991---High Court in revision set aside s of courts below by observing that suit was filed before of Supreme Court reported as Haji Rana Muhammad Shabbir Ahmed Khan v. Government of Punjab Province, Lahore PLD 1994 SC 1 had taken effect---Validity---High Court had not correctly decided question of limitation with reference to S.35 of Punjab Pre-emption Act, 1991, requirements of zarar and zaroorat as well as effect of reported as Haji Rana Muhammad Shabbir Ahmed Khan v. Government of Punjab Province, Lahore PLD 1994 SC 1 and question regarding fulfillment of requirement of talbs in peculiar facts of present case---Supreme Court remanded case to High Court for decision afresh of all such questions including superior right of pre-emption. Pir Ghulam v. Noor Zaman 1979 SCMR 360; Muhammad Nawaz v. Gul Sher PLD 2004 SC 493; Imam Bakhsh Shah v. Muhammad Ali Khan AIR (33) 1946 Sindh) 55; Muhammad Saleem v. Khuda Bakhsh PLD 2003 SC 315; Chaudhry Javed Illahi v. Mrs. Shafaqat Malik and 2 others 2003 YLR 948; Sardar Khan and others v.Muhammad Siddiqui 2000 MLD 616; Fateh Din v. Muhammad Boota 2000 MLD 1329; Haji Rana Muhammad Shabbir Ahmed Khan v. Government of Punjab Province, Lahore PLD 1994 SC 1; Mst. Razia Begum v. Fazal Hussain 2003 YLR 417; Muhammad Aslam and others v. Muhammad Shafi 1995 MLD 441 and Government of N.-W.F.P. through Secretary, Law Department v. Malik Said Kamal Shah PLD 1986 SC 360 ref. THIS ORDER PASSED BY: MUHAMMAD NAWAZ ABBASI, JUSTICE:---.---- This direct…
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