BASHIR AHMAD and others vs FAZAL ELAHI and others
These three petitions by vendees arose out of pre-emption matters. The core legal question was whether a pre-emption decree could be passed in favour of respondents-pre-emptors where no decree had been passed in their favour at any stage by any court prior to the 31st of July, 1986. The Supreme Court held that no decree can be passed in favour of pre-emptors now if no such decree existed prior to the specified date, following the precedent established in Sardar Ali PLD 1988 SC 287. Consequently, the petitions were dismissed as infructuous with the observation that the petitioners may raise their plea before the courts where the cases might be pending. The key principle laid down is that the absence of a pre-emption decree prior to the cutoff date of 31st July 1986 bars the passing of such a decree thereafter.
- Can a pre-emption decree be passed in favour of a pre-emptor if no decree was passed in their favour prior to the 31st of July, 1986?
- What is the effect on pre-emption petitions where no prior decree exists in light of the rule laid down in Sardar Ali PLD 1988 SC 287?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.-- These three petitions by vendees have arisen out of pre-emption matters. Their learned counsel have stated that no decree was passed in favour of any of the respondents-pre-emptors at any stage by any Court prior to the 31st of July, 1986. That being so, no decree can be passed in favour of either of them now, as held by this Court in the case of Sardar Ali PLD 1988 SC 287.
2. If position taken by the learned counsel to the effect that no decree was passed in favour of the respondents pre-emptors prior to the 31st of July, 1986, is correct, these petitions have become infructuous and are dismissed accordingly with the observation that they may take up the plea raised by them, before the Courts where the cases might be pending.
Cited by 1 case
- Ch. BASHIR AHMAD vs GHULAM RASOOL through Legal Heirs and others 1994 PLD Lahore 13