GHULAM HUSSAIN vs AKBAR ALI
This matter arises from a petition for leave to appeal directed against the judgment of the Lahore High Court, which dismissed a civil revision filed by the petitioner-vendee-defendant upholding a pre-emption decree in favour of the respondent-plaintiff. The core legal question before the Supreme Court concerned whether the custom of pre-emption could be presumed to prevail across the entirety of the old city of Multan upon proof of its existence in one Mohallah, given the conflicting judicial precedents and authorities cited by the parties. Upon hearing the counsel, the Supreme Court observed a clear conflict in the decided cases regarding the controversy and held that the issue required authoritative resolution. Consequently, the Court granted leave to appeal to examine the matter further, while ordering security and directing the prior stay order to remain in force.
- Whether the custom of pre-emption presumed to prevail in one Mohallah of an old city applies to other parts thereof unless proved otherwise?
- Does a conflict in decided cases regarding the custom of pre-emption warrant the grant of leave to appeal?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from judgment dated 26-6-1984 of the Lahore High Court; whereby a civil revision filed by the petitioner-vendee-defendant in a suit for pre-emption challenging the decree in favour of the respondent-plaintiff, was dismissed.
2. Amongst others, an argument raised in the High Court on Issue No.3 as to whether the custom of pre-emption prevailed in the locality concerned (a Mohallah of old city of Multan) was repelled in the impugned judgment with reference to certain observations made in some of the cases noted at page 91 of the Book on Law of Pre-emption by M. Mahmood (2nd Edition), Accordingly it was assumed that if such a custom is proved to have prevailed in one Mohallah of the old city it will be presumed to have prevailed in the other parts thereof unless proved otherwise. As in those cases and also in some other cases it was found that the said custom prevailed in some Mohallas of old city of Multan, therefore, the relevant issue was answered in favour of the respondent-plaintiff .
3. Learned counsel has relied on a booklet showing decisions otherwise in some other cases. He has also relied on the cases mentioned at page 92 of the book- by M. Mahmood which also relate to the city of Multan. His reliance in so far as the principle is concerned is also on a case relating to Ludhiana City, namely Lala Gainda Mal and another v. Roda and others 63 1 C 766.
4. After hearing the learned counsel there seems to be some conflict in the decided cases regarding the controversy involved in this case. It needs to be resolved. We accordingly grant leave to appeal.
5. Security Rs.1,000. Stay order dated 10-10-1984 to remain in force.