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Petitioner: FATEHUR REHMAN VS Respondent: UMARA KHAN and 5 others
Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ali Shah, Muhammad Afzal Zullah Title: FATEHUR REHMAN vs UMARA KHAN and 5 others Case No.: Civil Petition No, 105-P of 1992 Civil Revision No, 394/87 Date of Judgment:1993-02-09 Reported As: 1994 SCMR 1131 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, CJ.---This petition arises out of the plaintiff/petitioner's suit for pre- emption. His suit was decreed in 1987 much beyond the target date in 1986. This having been noticed subsequently, the decree was set aside. In the High Court upheld the plea that the decree not having been passed before the target date nor the Talabs having been established, the case was covered by the decision of this Court in the case of Rozi Khan v. Syed Karim Shah (1992 SCM R 445). ' Learned counsel for the petitioner when called upon to overcome this difficulty argued that the impugned judgment were without jurisdiction, because the case should have been referred to the Collector on account of the involvement of the right of pre-emption on the ground of tenancy. Even if it was so the fact remains that there was no decree prior to the target date in favour of the petitioner nor Talabs having been established, this case is fully covered by the decision in the above noticed judgment of this Court. Leave to appeal, accordingly, is refused.