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1990 SCMR 532

MUHAMMAD MUSTAFA and 3 others vs MUHAMMAD AKBAR and others

Citation1990 SCMR 532
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Special Leave to Appeal Nos.12, 138 and 183 of 1981,
Date1988-04-30
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultPetitions dismissed

ORDER

' MUHAMMAD AFZAL ZULLAH, J.--There is a common question involved in all these three pre-emption matters. Therefore, they are being disposed of together.

2. Each learned counsel appearing for the petitioners plaintiffs side in each case has stated that the plaintiffs have not so far succeeded in obtaining a decree for pre-emption at any stage before any Court.

3. The Judgment of the Shariat Appellate Bench of this Court in the case of Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360 became effective on 31st of July, 1986, and as the petitioners/plaintiffs have not succeeded so far in obtaining pre-emption decree/s under the old law which ceased to have effect on 31st July, 1986, no decree under that law can be passed in their favour now after the said date. These petitions, therefore, fail and are, accordingly dismissed.

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