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Petitioner: BAGH ALI VS Respondent: NOOR MUHAMMAD
1988 S C M R 1757
1988 S C M R 1757
Present: Muhammad Afzal Zullah and Abdul Kadir Shaikh, JJ
BAGH ALI and another‑‑Petitioners
versus
NOOR MUHAMMAD‑‑Respondent
Civil Petition No.663 of 1987, decided on 22nd June, 1988.
(On appeal from the judgment and order of the Lahore High Court, Lahore in Civil Revision No.1346 of 1987 dated 23‑8‑1987).
Punjab Pre‑emption Act (I of 1913)‑‑
‑‑‑S.21‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Pre‑emption matter‑‑Since no decree had been passed in favour of pre‑emptor respondent before 31‑7‑1986, it could not now be passed as per law laid down by Supreme Court‑‑Petition having become infructuous, dismissed.
Sardar Ali's case P L D 1988 S C 287 ref.
Kh. Mushtaq Ahmad, Advocate‑on‑Record for Petitioners.
Nemo for Respondent.
Date of hearing: 22nd June, 1988.
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑‑This is vendees' petition for leave to appeal in a pre‑emption matter against the dismissal of their Civil Revision by the Lahore High Court, Lahore.
Learned Counsel states and contends that no decree has been passed in favour of the pre‑emptor/ respondent (before 31‑7‑1986) it cannot now be passed, as held in the case of Sardar Ali (P L D 1988 S C 287).
The position taken by the learned counsel is correct. As irk the state of facts and circumstances, no decree can be now passed, therefore, this petition has become infructuous. The petitioner will however, have to take up the same plea before the Court, where the matter is now pending. With this observation the petition is dismissed accordingly.
M.I./B‑67/S Petition dismissed