NOOR MUHAMMAD AND Others vs MUHAMMAD TUFAIL AND Other
This matter comes before the Supreme Court of Pakistan by way of civil petitions for special leave to appeal concerning the right of pre-emption over disputed land and potential exemption under a relevant notification of the Bahawalpur Government. The core legal questions involve determining whether the subject land was exempt from pre-emption and resolving an alleged conflict between two previous judgments of the Court, specifically Mst. Rehmat Bibi v. Nathe Khan and others and Sher Muhammad and others v. Abdul Khaliq and others. The Court granted leave to consider these matters and directed that a status quo regarding possession shall continue, subject to the petitioners furnishing security for mesne profits and undertaking to voluntarily surrender the land if the appeal is ultimately dismissed. The principle established relates to the examination of pre-emption rights and exemptions under regional governmental notifications, alongside the reconciliation of conflicting precedents.
- Whether the land in dispute was subject to pre-emption or was exempted under the notification of the Bahawalpur Government?
- Is there any conflict between the judgments reported as Mst. Rehmat Bibi v. Nathe Khan and others and Sher Muhammad and others v. Abdul Khaliq and others?
ORDER
KARAM ELAHEE CHAUHAN, J.-This order will govern and apply to Civil Petitions for Special Leave to Appeal Nos. 296/81 and 297/81.
2. Leave is granted to consider whether the land in dispute was subject to pre-emption or was exempted under the notification of the Bahawalpur Government relevant on the subject and also to see whether there is any conflict between the two judgments of this Court as reported in Mst.
Rehmat Bibi v. Nathe Khan and others (PLD 1969 SC 197) and Sher Muhammad and others v. Abdul Khaliq and others (1968 SCMR 320) and which of them is applicable to the facts and circum stances of the present case
3. Status quo regarding the possession to continue subject to the petitioners furnishing security for mesne profits from the date of the decree of the learned trial Court till the delivery of possession to the plaintiffs in case this appeal goes against the petitioners. The petitioners should also give security that in that eventuality they will voluntarily surrender the land to the plaintiffs without any hurdle or obstacle alongwith the mesne profits without resort to execution proceedings. Security to be furnished within one month. If this security is not furnished within the stipulated time there will be no order of stay. Security to be furnished to the satisfaction of the Additional District Judge, Bahawalnagar.
4. Security for Courts Rs. 2,000 in each case.