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1987 CLC 940

MUHAMMAD SHARIF vs RANA TRACTORS Ltd.

Citation1987 CLC 940
CourtLahore High Court
Case No.Regular Second Appeals Nos. 561 to 564 of 1976
Date1986-02-08
Judge(s)Ch. Amjad Khan
ResultAppeals dismissed

' This, and other three appeals, bearing Regular Second Appeals Nos. 562 to 564, all of 1976, filed by Muhammad Sharif against the trial Court's decrees of dismissal of his four suits for possession of land through pre-emption, upheld in the appeals below; have become infructuous on account of Notification No. 3278-85/LR-III, dated 1-1-1986 issued under section 8(2) of the Punjab Pre-emption Act, 1913 to declare that no right of pre-emption shall exist in respect of the sale of land in suit.

2. Although the respective sales had been made and the suits as well as the appeals below, as also these second appeals, were maintained long before the issuance of the abovementioned notification, yet, as has been held by their Lordships of the Supreme Court in Mst. Bibi Jan and others v. Miss R.A. Monny and another PLD 1961 SC 69, it has completely taken away the right of pre-emption so that no decree in favour of the plaintiff can possibly be passed now. All the four appeals are accordingly dismissed. No order as to costs.

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