DURAB KHAN Versus ALLAH WASAYA
This matter involves petitions for leave to appeal filed by plaintiffs and pre-emptors challenging matters arising from pre-emption suits and applications. The core legal question is whether pre-emption decrees can be passed in favour of petitioners when the laws under which pre-emption was sought ceased to have effect. The Supreme Court held that since the relevant laws ceased to be effective on 31st of July, 1986, following the judgment in Government of N.-W.F.P. v. Malik Said Kamal Shah, no fresh decree can now be passed in favour of the petitioners. Consequently, leave to appeal was refused and the petitions were dismissed. The key principle laid down is that pending pre-emption suits where no decree had been passed abate or fail upon the relevant pre-emption laws ceasing to have effect pursuant to constitutional and Shariat appellate declarations.
- Can a pre-emption decree be passed after the pre-emption laws have ceased to have effect?
- What is the effect of the Shariat Appellate Bench judgment in Malik Said Kamal Shah on pending pre-emption claims?
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑‑ All these petitions, although not connected inter se, involve the same point. Therefore, they are being disposed of together.
2. The petitions for leave to appeal have been filed by plaintiffs/ pre‑emptors in pre‑emption suits/ applications. As admitted by their learned counsel, no pre‑emption decree has so far been passed in favour of any one of them at any stage before any Court or any other authority (in case of tenants under M.L.R. 115). The Law/s under which the petitioners sought pre‑emption decrees in these cases, ceased to have effect on 31st of July, 1986 by virtue of the judgment of the Shariat Appellate Bench of this Court in the case of Government of N.‑W.F.P. v. Malik Said Kamal Shah P L D 1986 S C 360. No fresh decree can be passed in the circumstances of these cases now in favour of any of the petitioners on account of the said position of the law. That being so, Leave to appeal is refused in all these petitions and the same are, accordingly, dismissed.
M.Y.H./D‑25/S Leave refused.