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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: NOOR MUHAMMAD AND Others VS Respondent: MUHAMMAD TUFAIL AND Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Karam Elahi Chauhan Title: NOOR MUHAMMAD AND Others vs MUHAMMAD TUFAIL AND Other Case No.: Civil Petitions for Special Leave to Appeal Nos. 296 and 297 of 1981 Date of Judgment:1981-10-16 Reported As: 1982 SCMR 538 Result: Leave granted
Judgment ORDER KARAM ELAHEE CHAUHAN, J.-This order will govern and apply to Civil Petitions for Special Leave to Appeal Nos. 296/81 and 297/81. 2. Leave is granted to consider whether the land in dispute was subject to pre-emption or was exempted under the notification of the Bahawalpur Government relevant on the subject and also to see whether there is any conflict between the two judgments of this Court as reported in Mst. Rehmat Bibi v. Nathe Khan and others (PLD 1969 SC 197) and Sher Muhammad and others v. Abdul Khaliq and others (1968 SCMR 320) and which of them is applicable to the facts and circum stances of the present case 3. Status quo regarding the possession to continue subject to the petitioners furnishing security for mesne profits from the date of the decree of the learned trial Court till the delivery of possession to the plaintiffs in case this appeal goes against the petitioners. The petitioners should also give security that in that eventuality they will voluntarily surrender the land to the plaintiffs without any hurdle or obstacle alongwith the mesne profits without resort to execution proceedings. Security to be furnished within one month. If this security is not furnished within the stipulated time there will be no order of stay. Security to be furnished to the satisfaction of the Additional District Judge, Bahawalnagar. 4. Security for Courts Rs. 2,000 in each case.