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Petitioner: MUHAMMAD LATEEF VS Respondent: SHUKAR DIN
Court Name: Lahore High Court Judge(s): Khalil-Ur-Rehman Khan Title: MUHAMMAD LATEEF vs SHUKAR DIN Case No.: Civil Revision No.973/D of 1988 Date of Judgment:1988-10-22 Reported As: 1989 CLC 974 Result: Revision accepted
JUDGMENT
JUDGMENT This civil revision arose out of a suit for possession through pre-emption filed by the respondent claiming superior right of pre--emption on the ground of ownership of the land in the village. The plaint of the respondent was rejected by the trial Court under Order VII, rule 11, C.P.C. The respondent filed first appeal and the same was accepted by the learned Additional District Judge vide judgment and decree dated 3-3-1988 and the suit of the respondent /pre-emptor was decreed. Hence, this revision petition. 2. Learned counsel for the appellant /vendee contended that no decree of pre-emption on the ground of ownership in the village could be granted after 31st of July, 1986 in view of the pronouncement of the Supreme Court in the case of Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360. Reliance is also placed on Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287. Obviously, no suit of pre-emption can be decreed on the ground of ownership in the village after 31st of July, 1986. The learned first appellate Court, therefore, acted illegally in decreeing the suit of the respondent-pre-emptor. The impugned judgment and decree dated 3-3-1988 is, therefore, set aside with the result that the decree passed by the trial Court stands restored. This appeal, therefore, succeeds. Parties are left to bear their own costs. The respondent --pre-emptor may withdraw the sale consideration including Zar-e-Panjum deposited if any from the trial Court.