QURBAN And Others vs Mst. SAID BIBI And Other
This matter arises from a petition for leave to appeal against the dismissal of a Second Appeal by the High Court, which had upheld the appellate judgment decreeing a suit for pre-emption. The suit was originally dismissed by the trial court based on a defense that the suit property was not pre-emptiable under a Government of West Pakistan, Board of Revenue notification dated 15-9-1965, but the District Judge reversed this finding. Before the Supreme Court, the petitioners contended they were entitled to protection under the said notification as affectees of the Mangla Dam Project, supporting their claim with a certificate issued by the Commissioner, Mangla Dam Affairs and relying on precedent. The Supreme Court found that the contentions required examination and granted leave to appeal to determine whether the petitioners were entitled to protection under the notification as Mangla Dam project affectees, while also staying the execution of the decree pending the hearing of the appeal.
- Whether petitioners were entitled to protection under the notification as affectees of the Mangla Dam Project?
- Whether the suit property was pre-emptiable in view of the Government of West Pakistan notification dated 15-9-1965?
ORDER
S.A. NUSRAT, J. --A suit for pre-emption was filed by deceased Fazal Karim which was resisted by the defendant /petitioner, inter alia, on the ground that the suit property was not pre-emptiable in view of a Notification of the Government of West Pakistan, Board of Revenue No. 5668-65/3306- IROV, dated 15-9-1965. The suit was dismissed by the trial Court but plaintiff's appeal was accepted by the learned District Judge. The petitioners, in the circumstances took up the matter in Second Appeal before the High Court which was dismissed as per impugned judgment.
2. It was contended by the learned counsel for the petitioners that the disputed property was not pre-emptiable by virtue of the notification No. 5668-65/3306-IROV, dated 15-9-1965. He further invited our attention to the certificate issued to the petitioners by the Commissioner, Mangla Dam Affairs certifying that the petitioners were persons affected on account of the acquisition of land for the project of the Mangla Dam Reservoir.
The contentions require examination. Leave is accordingly granted to examine the question whether the petitioners were entitled to the protection under the abovementioned notification as affectees of the Mangla Dam Project. As respects the wording of the certificate the learned counsel referred to a decision of this Court case reported as Mangta Khan v. Hamida Begum and others PLD 1981 SC 51 where a certificate of similar nature was relied upon for the purpose of granting relief.
Security Rs.2,500. The appeal will be heard on the same record. The execution of the decree pertaining to the suit land shall remain stayed till the hearing of the appeal.