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Petitioner: IMTIAZ AHMAD VS Respondent: BINYA AMIN
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: IMTIAZ AHMAD vs BINYA AMIN Case No.: Civil Petitions for Leave to Appeal Nos. 229-R and 303-R of 1988 Date of Judgment:1989-05-24 Reported As: 1989 SCMR 1733 Result: Petitions dismissed
Judgment ORDER ' USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioners in both the above-noted petitions against the judgments dated 11-5-88 and 14-5-88, arising out of pre-emption matter. Although these petitions are not inter-connected but the point involved in them is one and the same. Therefore, both of them are being disposed of by this single order. No decree was passed in them till 31-7-86. After hearing the learned counsel for the petitioners and having gone through the findings of the Courts below, we have come to the conclusion that these petitions have no force which deserve dismissal straightaway. As in view of the judgment of this Court Shariat Apellate Bench, "in Govt. Of N.-W.F.P. Through Secy. Law Department v. Malik Said Kamal Shah" (PLD 1986 S.C. 360) given effect to pre-emption matters from 31-7-1987 also apply to the pending matters. As admittedly, the suits in hand were both pending cases without decrees. Hence after the target date the plaintiffs/petitioners rights to pre-empty did not survive. In this view of the matter, there is no merit in both these petitions which are accordingly dismissed.