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1993 SCMR 2021

SHAFAAT BEGUM and 11 others vs AMJAD HAMID and 10 others

Citation1993 SCMR 2021
CourtSupreme Court of Pakistan
Case No.Civil Appeal No, 1131 of 1990
Date1992-11-10
Judge(s)Saleem Akhter, Nasim Hasan Shah, Abdul Shakurul Salam
ResultAppeal allowed

ORDER

' ABDUL SHAKURUL SALAM, J.---This appeal by leave arises in the following circumstances.

1. The respondents filed a suit for pre-emption which was dismissed on 3-2-1987. They filed an appeal in the Lahore High Court which was allowed I A and the case remanded. Leave to appeal was granted on the ground that after 30-6-1986 no decree could be passed.

2. Learned counsel for the respondents has submitted that the respondents have the right to file an application under section 35 of the Punjab Pre-emption Act, 1991 before the learned trial Court. That may be so and if an application is filed that shall be proceeded in accordance with law. As far as this appeal is concerned, it is allowed but in the circumstances parks are left to bear their own costs.

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