Full Judgment Text & Judicial Ruling

1988 S C M R 1383

1988 S C M R 1383

Present: Muhammad Haleem, C.J., Shafiur Rahman and Usman Ali Shah, JJ

MUHAMMAD RAFIQ and others‑‑Petitioners

versus

MUHAMMAD SIDDIQUE‑‑Respondent

Civil Petition No.230 of 1987, decided on 1st June, 1988.

(On appeal from the judgment and order, dated 17‑3‑1987 of the Lahore High Court, Lahore, in Regular Second Appeal No.636 of 1972).

Punjab Pre‑emption Act (I of 1913)‑‑

‑‑‑S.21‑‑Punjab Land Record :Manual, para. 7.69‑‑Pre‑emption suit‑ Words "Mahal", "Deh" and 'Mauza' are equivalent to the word "estate".‑‑[Words and phrases].

Mahmood A . Qureshi, Advocate‑on‑Record for Petitioners.

M. Aslam Ch., Advocate‑on‑Record (absent) and S. Munir Ahmad, Advocate Supreme Court for Respondent.

Date of hearing: 1st June, 1988.

ORDER

MUHAMMAD HALEEM, C.J.‑‑The short question in this petition is as to the meaning of the word "Deh" or "Mauza" as it was contended before the High Court that the pre‑emptor had not alleged that he was an owner in the estate but that an owner in the Deh. The High Court held that the words "Deh" and "Mauza" are the Urdu words for the word "estate", and dismissed the appeal as this was the only question raised.

We had issued a notice to the counsel for the respondent and he appeared and supported the. judgment of the High Court. H referred to us paragraph 7.69 of the Land Record Manual at page 338 wherein the words "Mahal", "Deh" and "Mauza" had been show equivalent to the word "estate".

There is, therefore, no substance in this petition, which is dismissed.

M .B . A . /M‑471/S Petition dismissed.

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