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Petitioner: SIRAJUL ISLAM And 3 Others VS Respondent: AHMED IDRIS And 14 Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Abdul Qadeer Chaudhry Title: SIRAJUL ISLAM And 3 Others vs AHMED IDRIS And 14 Other Case No.:Civil Appeals Nos. 40-P. 41-P of 1983 Civil Revision No. 291 of 1979 C.Rs. Nos.
JUDGMENT
Reported As: 1991 SCMR 903 Result: Order accordingly Judgment JUDGMENT MUHAMMAD AFZAL ZULLAH, C.J: --These five appeals, two by the plaintiffs and three by the vendees have arisen out of pre-emption suits. All the cases relate to claim of exemption from pre- emption under section 5(c) of the N.-W.F.P. Pre-emption Act XIV of 1950. The question for examination noted in one of these cases reads as follows:-- "Whether the High Court has correctly laid down the law that a vendee seeking benefit of section 5(c) of the Pre-emption Act must purchase partitioned holding or before purchase seek and obtain consent of all the co-sharers." This very question having since been examined by this Court, has been answered in the negative. See Fazal Karim v. Muhammad Zaman (PLD 1989 SC 764). None of the learned counsel appearing for the parties has been able to satisfy us that any other aspect of the question on which leave to appeal was granted requires any further examination. Therefore, all these appeals are decided accordingly with the result that Civil Appeals Nos. 8-P/85 and 29-P/86 which are filed by the plaintiffs are dismissed while Civil Appeals Nos. 40-P/83, 41-P/83 and 8-P/84 which are vendees' appeals, are allowed. The impugned judgments in the former appeals are affirmed while the impugned judgments in the latter are set aside. There shall be no order as to costs.
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