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1999 CLC 373

BARKAT ALI vs NAZIR AHMAD

Citation1999 CLC 373
CourtLahore High Court
Case No.Civil Revision No.898-D of 1989
Date1997-11-05
Judge(s)Syed Najam-ul-Hasan Kazmi
ResultRevision dismissed

A suit for pre-emption, filed by the petitioner under section 15 of the Punjab Pre-emption Act, 1913, to pre-empt sale of land effected through sale--deed, dated 8-1-1980 was decreed by the learned Trial Court on 6-12-1987, which decree was set aside in appeal by the learned Appellate Court, vide judgment and decree, dated 2-7-1988. The judgments of the two learned Courts below have been challenged in this revision petition.

2. Admittedly, the suit was filed before 31-7-1986, under the provision of section 15 of Punjab Pre- emption Act, 1913, in which no decree was ever passed before 31-7-1986. The petitioner never claimed to have made Talbs. In view of the rule laid in Said Kamal's case, PLD 1986 SC 360 read with judgment delivered in suo motu Shariat Review Petition No. l/R of 1989, reported as PLD 1990 SC 865, the provisions of section 15 of Punjab Pre-emption Act, 1913, ceased to remain operative in its entirety after 31-7-1986, hence no suit could be maintained thereunder. In view of the rule laid in Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 and Muhammad Yasin and others v. Khan Muhammad and others PLD 1990 SC 1060, the suit of the petitioner cannot proceed nor any decree can now be granted therein after 31-7-1986. Consequently, this revision petition has become infructuous which is I accordingly dismissed. 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.

Cited by 2 cases

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