FARID And Others vs ALLAH YAR And Another
This matter involves a petition for special leave to appeal filed by vendees challenging a decree passed against them in a pre-emption suit. The respondents had initially asserted a superior right of pre-emption based on their status as owners in the estate and as collaterals of the vendors. The core legal question before the Supreme Court was whether, in light of the judgment of the Shariat Appellate Bench in Government of N.-W.F.P. v. Said Kamal Shah (PLD 1986 SC 360), the respondents could still maintain their claim of a superior right of pre-emption based on those specific grounds. The Court found that the contention raised by the petitioners regarding the impact of the Said Kamal Shah decision on the respondents' claim required further consideration. Consequently, the Court granted leave to appeal to the petitioners. Additionally, the Court ordered a stay of execution proceedings, conditional upon the petitioners furnishing security for mesne profits to the satisfaction of the Executing Court within one month.
- Does the decision in Government of N.-W.F.P. v. Said Kamal Shah preclude a claim of superior right of pre-emption based on being an owner in the estate or a collateral of the vendor?
- Can execution proceedings be stayed pending the final adjudication of a petition for special leave to appeal in a pre-emption suit?
SAAD SAOOD JAN, J.-- This is a petition for special leave to appeal by the vendees against whom a decree in a pre-emption suit has been passed.
2. The respondents had based their right of pre-emption on the grounds that they were owners in the estate as well as collaterals of the vendors. The contention in support of this petition is that after the decision of the Shariat Appellate Bench in Government of N.-W.F.P.' v . Said Kamal Shah PLD 1986 SC 360 it was not open to the respondents to claim a superior right on the grounds taken by them. This contention needs consideration. Leave to appeal is granted to the petitioners Security in the sum of Rs.1,000. The appeal may be made ready on the present record with permission to the parties to produce additional documents. Execution proceedings are stayed subject to the petitioners furnishing security for mesne profits within one month to the satisfaction of the Executing Court.