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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: GHULAM HUSSAIN And ANOTHER VS Respondent: ALAM SHER And 3 OTHER
Court Name: Lahore High Court Judge(s): Muhammad Munir Khan Title: GHULAM HUSSAIN And ANOTHER vs ALAM SHER And 3 OTHER Case No.: Civil Revision No.1670 of 1989 Date of Judgment:1989-11-06 Reported As: 1990 CLC 1246 Result: Case remanded
JUDGMENT
JUDGMENT On 17-6-1985 Ghulam Hussain and another, filed suit for possession by pre-emption on the basis of being co-sharer in Khata against Alam Sher and others in the Court of Civil Judge More Kot. The suit was decreed on 13-7-1987., On appeal, the learned District Judge Bhakkar, reversed the judgment and decree I of the trial Court and dismissed the suit of the petitioners on the ground that requirements of Talabs as in Islam had not been fulfilled. 2. In view of the pronouncement made by the Supreme Court in case A Ahmed and others v. Abdul Aziz and others PLD 1989 SC 771 (Civil Review Petitions Nos.80-R/88 and 20/89), there is no option but to accept this revision and set aside the judgment and decree of the Appellate Court, therefore, the case is sent back to learned District Judge, Bhakkar, for deciding appeal on merits in accordance with law. The parties are left to bear their own costs.