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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: RUSTAM VS Respondent: AURANGZEB and others
Court Name: Supreme Court of Pakistan Judge(s): Khilji Arif Hussain, Anwar Zaheer Jamali, Ijaz Ahmad Chaudhry Title: RUSTAM vs AURANGZEB and others Case No.: Civil Petition No,695 of 2013 Date of Judgment:2013-08-29 Reported As: 2014 SCMR 146 Result: Leave granted
Judgment ORDER ' ANWAR ZAHEER JAMALI, J.---Learned Advocate Supreme Court for the petitioner, inter alia, contends that the petitioner was Shafte-Shureek in the suit land regarding which suit for pre- emption was instituted by the respondents and this fact is confirmed from a document Exh.P.W.3/1 produced in the evidence by the respondents as well, but this important legal aspect of the case has escaped the sight of all the three courts below. He refers to the judgment in the case of Faizullah Khan v. Hall Abdul Hakeem Khan (2011 SCM R 1802) and submits that in view of section 20 of the N.-W.F.P. Pre-emption Act 1987 even if the plea of being co-sharer in the suit land has not been taken by a party in the* written statement, this Court is competent to take notice of this fact and decide the case on merits in this regard. In the same context he has also placed reliance upon the earlier judgment of this Court in the case of Khan Gul Khan v. Daraz Khan (2010 SCM R 539). 2. Contention raised needs consideration. Leave , to appeal is, therefore, granted. 3. Notice of C.M.A. No,2888 of 2013 be issued to the respondents but in the meantime parties shall maintain status quo.