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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: ASLAM KHAN VS Respondent: KARIM BAKHSH (Deceased) Through Legal Heirs And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Muhammad Haleem, Shafi-ur-Rehman Title: ASLAM KHAN vs KARIM BAKHSH (Deceased) Through Legal Heirs And Other Case No.: Civil Petition No. 289-R of 1985 Petition No. 117 of 1981 Date of Judgment:1985-12-10 Reported As: 1986 SCMR 557 Result: Leave granted
Judgment ORDER MUHAMMAD HALEEM, C.J.--Leave to appeal is granted to the petitioner to consider:- (a) Whether the High Court was in error to follow the decision by the Shariat Bench in the case of Haji Naimatullah Khan and another v . Government of Pakistan through Ministry of Law PLD 1979 Pesh. 104, and so to deny the petitioner the right to pre-empt the sale in the capacity of tenant; and (b) As to the factum of his actual possession not being taken into consideration as against the entries in Misl-e-Haqiat while seeking to enforce his right of pre-emption on the date of sale and thereafter. Security for costs Rs.2,000. Meanwhile status quo as to possession. Appeal arising from the petition shall be heard on the present record with liberty to the parties to file fresh documents, if any.