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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD KHAN and another VS Respondent: Mst. ZUBAIDA BEGUM and 6 others
Court Name: Supreme Court of Pakistan Judge(s): Ali Hussain Qazilbash, Muhammad Afzal Zullah, Syed Usman Ali Shah Title: MUHAMMAD KHAN and another vs Mst. ZUBAIDA BEGUM and 6 others Case No.: Civil Petition for Leave to Appeal No,46-R of 1988 Date of Judgment:1989-04-10 Reported As: 1989 SCMR 1111 Result: Leave granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by Vendee/defendant side in a pre-emption suit, against the dismissal by the High Court, of their Writ Petition. ' There have been earlier remands but after the final remand order the respondents' suit for pre- emption having been decreed throughout on the ground of tenancy by the Revenue Authorities, the petitioners' Writ Petition was also dismissed, therefore, they have now sought leave to appeal. Learned counsel, inter alia, has contended that the original tenant, namely, Muhammad Sadiq who had filed the pre-emption suit in 1973 died in 1976 during its pendency before any decree could be passed. He also contended that the High Court wrongly made the assumption that the right of pre- emption was inheritable and that Muhammad Nazir respondent No,3, one of the sons of the original tenant, having been found to be the successor tenant, the impugned decree was unexceptionable. He relied on cases decided from various jurisdictions to show that the right of pre-emption as such is not inheritable. He argued that the peculiar right of pre-emption granted by the Martial Law Regulation to a tenant could not be continued unless after his death the successor tenant under section 60-A of the Punjab Tenancy Act continued to be the tenant at all relevant stages including those of suit and decree. And in this case Muhammad Bashir the eldest son of Muhammad Sadiq alone could be treated as tenant under the law. But the suit could not be decreed in his favour; because, admittedly he had given up tenancy--according to findings Muhammad Nazir was the tenant. These and other submissions raised in this petition require examination. Leave to appeal is granted. ' Security Rs,5,000.
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' Appeal shall be prepared on present record with direction to the parties to file all additional documents which would be necessary for disposal of appeal.