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Petitioner: ABDUL SATTAR VS Respondent: MUHAMMAD SHAFI
1988 S C M R 1361(2)
1988 S C M R 1361(2)
Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ
CIVIL PETITION No.300 of 1984
ABDUL SATTAR‑‑Petitioner `
versus
Mian MUHAMMAD SHAFI Respondent
(Against the judgment and order of the Lahore High Court, Lahore, dated 17‑1‑1984 in C.R.No.7‑D‑1984, and dated 17‑1‑1984 in C.R.No.8‑D of 1984).
CIVIL PETITION No.301 of 1984
ABDUL SATTAR‑‑Petitioner
versus
Ch. BASHIR AHMAD‑‑Respondent
CIVL PETITION No.484 of 1984
Sh. AZAD HUSSAIN‑‑Petitioner
versus
IMVAD HUSSAIN and others‑‑Respondents
(Against the judgment and order of the Lahore High Court, Lahore, dated 20‑2‑1984 in R A .19‑C of 1982) .
CIVIL PETITIONS Nos.673 AND 674 of 1984
MUHAMMAD RAFIQUE‑‑Petitioner
versus
MUHAMMAD ASLAM and others‑‑Respondents
(Against the judgment and order of the Lahore High Court Lahore, dated 14‑3‑1984 in 3.S.A. Nos.3J and 31 of 1931).
CIVIL PETITION No.694 of 1984
LAL‑‑Petitioner
versus
MUHAMMAD ASHRAF and others‑‑Respondents
(Against the judgment and order of the Lahore High Court, Lahore, dated 7‑4‑1984 in C.R.No.349‑D of 1984).
CIVIL PETITION No. 770 of 1984
GHULAM MUHAMMAD‑‑Petitioner
versus
MUHAMMAD KH AN‑‑Respondent
(Against the judgment and order of the Lahore High Court Lahore, dated 9‑5‑1984 in R.S.A. No.91 of 1984).
C_IVIL PETITION No‑185 of 1984.
ATTA MUHAMMAD and others‑‑Petitioners
versus
ALLAH DEWAYA and others‑‑Respondents
(Against the judgment and order of the Lahore High Court, Multan Bench, Multan, dated 24‑1‑1984 in R.S.A. No.371 of 1958).
CIVIL PETITION No.899 of 1984.
SHABBIR AHMAD‑‑Petitioner
versus
MUHAMMAD SHARIF and others‑‑Respondents
(Against the judgment and order of the Lahore High Court, Lore dated 16‑6‑1984 in C.R. No.1329‑D of 1983).
CIVIL PETITION No.505 of 1984
ZIA‑UL‑HASSAN HASHMI‑‑Petitioner
Versus
FAIZ AHMAD and others‑‑Respondents
(Against the judgment and order of the Lahore High Court, Bahawalpur Bench, dated 7‑12‑1983 in C.R. No.28 of 1980).
CIVIL PETITION No.1159 of 1984
AMJAD ALI‑‑Petitioner
versus
RASUL BAKHSH and others‑‑Respondents
(Against the judgment and order of the Lahore High Court, Multan Bench, dated 7‑10‑1984 in C.R.No.534 of 1984).
CIVIL PETITION No.318 of 1984
BASHIR AHMAD and others‑‑Petitioners
versus
INAYAT ALI‑‑Respondent
(Against the judgment and order of the Lahore High Court, Lahore, dated 12‑10‑1983, in F.A.0. No.41 of 1983).
CIVIL PETITION No.1196 of 1984
RIAZ HUSSAIN KHAN and others‑‑Petitioners
versus
Mirza SARDAR BAIG and others‑‑Respondents
(Against the judgment and order of the Lahore High Court, Multan Bench, dated 1‑10‑1984 in C.R.556/D of 1983).
CIVIL PETITION No.1088 of 1984
CHIRAGH‑‑Petitioner
versus
NIZAM‑‑Respondents
(Against the judgment and order of the Lahore High Court, Lahore, dated 13‑9‑1984 in C.R.No.1394/D of 1984).
CIVIL PETITION No.1084 of 1984
FEROZE DIN‑‑Petitioner
versus
ALI MUHAMMAD and others‑‑Respondents
(Against the judgment and order of the Lahore High Court, Lahore, dated 29‑8‑1984 in C.R. No.1351‑D of 1984).
CIVIL PETITION No.1189 of 1984
BASHIR AHMAD‑‑Petitioner versus MUHAMMAD NAWAZ‑‑Respondent
(Against the judgment and order of the Lahore High Court Lahore, dated 8‑10‑1984 in C.R. No.411 of 1984).
CIVIL PETITION No.1046 of 1984
SANAULLAH‑‑Petitioner versus Qazi MASOOD‑UR‑REHMAN and others‑‑Respondents
Civil Petitions Nos.300, 301, 484, 673, 674, 684, 770, 185, 899, 505, 1159, 318, 1196; 1088, 1084, 1189, 1046 of 1984, decided on 30th May, 1988.
Constitution of Pakistan (1973)‑‑
‑‑‑Art.203‑‑Punjab Pre‑emption Act (I of 1913), S.21‑‑Decree was not passed in favour of pre‑emptor at any stage till 31‑7‑1986 when the judgment of Supreme Court (Shariat Appellate Bench) in case of Said Kamal Shah PLD 1986 SC 360 came into force‑‑No decree, held, could now be passed in favour of pre‑emptors on any ground taken in the plaints.
P L D 1986 S C 360 fol.
Maqbool Ilahi Malik Advocate Supreme Court and S.Abid Nawaz, Advocate‑on‑Record for Petitioner (in both the C.Ps.Nos.300 and 301 of 1984).
Nemo for Respondent (in both of Civil Petitions Nos.300 and 301 of 1984).
Sattar Najam and S.M.Masud, Advocate Supreme Court and S.Inayat Hussain, Advocate‑on‑Record for Petitioner (in Civil Petition No.484 of 1984).
Nemo for Respondents (in Civil Petition No.484 of 1984).
Zakiuddin Pal, Senior Advocate Supreme Court and M . A . Qureshi, Advocate‑ on‑ Record for Petitioner (in both the Civil Petitions Nos.673 and 674 of 1984).
S.Abul Asim Jafari, Advocate‑on‑Record for Respondent No.1 (in both the Civil Petitions Nos.673 and 674 of 1984).
Ras Tariq Chaudhry, Advocate Supreme Court and Ghulam Mujtaba, Advocate‑ on‑Record for Petitioner (in Civil Petition No.684 of 1984).
S. Abid Nawaz, Advocate‑on‑Record for Respondents Nos.l to 6 (in Civil Petition No.684 of 1984) .
Malik Sher Bahadur, Advocate Supreme Court for Petitioner (in Civil Petition No.770 of 1984) .
Nemo for Respondent (in Civil Petition No.770 of 1984).
Taj Muhammad Langah, Advocate Supreme Court and Rana M.A.Kadri, Advocate ‑on‑Record for Petitioners (in Civil Petition No.185 of 1984).
Nemo for Respondents (in Civil Petition No.185 of 1984).
Talib H.Rizvi, Advocate Supreme Court and S.Ali Imam Naqvi. Advocate‑on‑Record for Petitioner (in Civil Petition No.899 of 1984).
Nemo for Respondents (in Civil Petition No.899 of 1984).
Mohammad Iqbal, Advocate Supreme Court and Sh.Salahuddin, Advocate‑on‑Record for Petitioner (in Civil Petition No.505 of 1984),
Nemo for Respondents (in Civil Petition No.505 of 1984).
Sh.Abdul Rashid, Advocate Supreme Court and Ch.Mehdi Khan Mehtab Advocate‑ on‑Record for Petitioner (in Civil Petition No.1159 of 1984).
M.Z.Khalil, Advocate‑on‑Record for Respondents Nos.l to 9 (in Civil Petition No.1159 of 1984).
Rafique Ahmad Sheikh, Advocate Supreme Court and Ch.Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners (in Civil Petition No.318 of 1984).
Nemo for Respondent (in Civil Petition No.318 of 1984).
Mian Attaur Rehman, Advocate‑on‑Record for Petitioners (in Civil Petition No.1196 of 1984).
Nemo for Respondents (in Civil Petition No.1196 of 1984).
Aamer Raza A.Khan, Senior Advocate Supreme Court and Hamid Aslam Qureshi, Advocate‑on‑Record for Petitioners (in Civil Petition No.1088 of 1984).
Nemo for Respondent (in Civil Petition No. 1088 of 1984).
Rashid Murtaza Qureshi, Advocate Supreme Court and Tanvir
Ahmad, Advocate‑on‑Record for Petitioner (in Civil Petition No.1084 of 1984).
Nemo for Respondents (in Civil Petition No.1084 of 1984).
Mirza Hafeezur Rehman, Advocate Supreme Court and Rana
M. A. Kadri, Advocate‑on‑Record for Petitioner (in Civil Petition No. 1189 of 1984) .
Nemo for Respondent (in Civil Petition No.1189 of 1984). Aamer Raza A. Khan, Senior Advocate Supreme Court and Hamid Aslam Qureshi, Advocate‑on‑Record for Petitioner (in Civil Petition No.1046 of 1984).
Nemo for Respondents (in Civil Petition No.1046 of 1984).
Dates of hearings: 29th and 30th May, 1988.
ORDER
MUHAWYIAD AFZAL ZULLAH, J.‑‑In all these petitions for leave to appeal filed by pre‑emptors in separate cases, their learned counsel have stated that: the petitioners are pre‑emptors; and that, no decree was passed in their favour at any stage till 31‑7‑1986, when the judgment of this Court in the case of Said Kamal Shah PLD 1986 SC 360 came into effect. Accordingly, no decree can now be passed in favour of any of them on any ground taken in the plaint/s, after 31‑7‑1986 as held in the case of Sardar Ali v. Muhammad All (C.A. 208/80 and other matters decided on 2‑5‑1988 (PLD 1988 SC 287). Leave to appeal is accordingly refused in all these cases and they petitions are dismissed.
M. B.A./A‑244/S Petition dismissed.