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1991 SCMR 903

SIRAJUL ISLAM And 3 Others vs AHMED IDRIS And 14 Other

Citation1991 SCMR 903
CourtSupreme Court of Pakistan
Case No.Civil Appeals Nos. 40-P. 41-P of 1983 Civil Revision No. 291 of 1979 C.Rs. Nos.
Judge(s)Muhammad Afzal Zullah, Abdul Qadeer Chaudhry
ResultOrder accordingly

1. MUHAMMAD AFZAL ZULLAH, C.J: --These five appeals, two by the plaintiffs and three by the vendees have arisen out of pre-emption suits. All the cases relate to claim of exemption from pre- emption under section 5(c) of the N.-W.F.P. Pre-emption Act XIV of 1950. The question for examination noted in one of these cases reads as follows:-- "Whether the High Court has correctly laid down the law that a vendee seeking benefit of section 5(c) of the Pre-emption Act must purchase partitioned holding or before purchase seek and obtain consent of all the co-sharers."

2. This very question having since been examined by this Court, has been answered in the negative.

3. See Fazal Karim v. Muhammad Zaman (PLD 1989 SC 764). None of the learned counsel appearing for the parties has been able to satisfy us that any other aspect of the question on which leave to appeal was granted requires any further examination. Therefore, all these appeals are decided accordingly with the result that Civil Appeals Nos. 8-P/85 and 29-P/86 which are filed by the plaintiffs are dismissed while Civil Appeals Nos. 40-P/83, 41-P/83 and 8-P/84 which are vendees' appeals, are allowed. The impugned judgments in the former appeals are affirmed while the impugned judgments in the latter are set aside. There shall be no order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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