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Petitioner: REHMAT ALI and another VS Respondent: MUHAMMAD MUNIR ALI KHAN and 4 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: REHMAT ALI and another vs MUHAMMAD MUNIR ALI KHAN and 4 others Case No.: Civil Petitions for Special Leave to Appeal Nos.344 and 485 of 1981 Date of Judgment:1988-05-04 Reported As: 1989 SCMR 1422 Result: Petitions dismissed
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--The pre-emptors/plaintiffs in two separate cases, have sought leave to appeal from two separate judgments of the Lahore High Court; whereby, in one case, the petitioners' Civil Revision and, in the other case, the petitioners' First Regular Appeal, were dismissed. 2. It is admitted by both the learned counsel that no decree of pre-emption has so far been passed in any of these cases. The law under which the suits were instituted by the petitioners ceased to have effect on 31st of July, 1986 by virtue of the judgment of the Shariat Appellate Bench of this Court in case of Government of N.-W.F.P. v. Malik Said Kamal Shah (PLD 1986 SC 360). That being so, no decree can now be passed for the first time on the basis of the said law in favour of the petitioners. Leave to appeal is, accordingly, refused