MANZOOR HUSSAIN vs ANWAR KHAN and 2 others
This matter arises from petitions for leave to appeal concerning a dispute over the possession of land through pre-emption measuring 15 kanals 18 marlas situated in village Kalu-joo. The core legal question involves the availability of pre-emption qualifications based on the ownership of agricultural land following authoritative judicial declarations regarding its repugnancy to Islamic law. The Supreme Court dismissed the petitions, holding that the qualifications of pre-emption are no longer available to the pre-emptors after the target date of 31-7-1986, as the case was pending without a decree in light of the law declared in Sardar Ali's case (PLD 1988 SC 287). The key principle laid down is that pre-emption claims grounded on agricultural land ownership cannot be sustained after the specified target date where no decree had been passed.
- Whether qualifications of pre-emption based on ownership of agricultural land are available after the target date of 31-7-1986?
- Can a pre-emption suit pending without a decree succeed after the declaration of ownership of agricultural land as repugnant to Islamic Law?
ORDER
1. ' USMAN ALI SHAH, J.--This order will dispose of C.P.S.L.A. Nos. 290R and 291-R of 1988. As the subject- matter and parties of both these petitions are the same and have arisen from the same order of the Lahore High Court, Rawalpindi Bench dated 24-5-1988, therefore, they have been heard together.
2. ' The dispute in these cases relates to possession of land through preemption, measuring 15 kanals 1 marla being 1/2 share in land measuring 30 kanals 2 marlas bearing Khasra No, 777, Khata/Khatooni No, 302/443 and land measuring 17 marlas being 17/76 share in land measuring 3 kanals 16 marlas hearing Khasra No,1043, Khata/Khatooni No, 322/700 total suit land measuring 15 kanals 18 marlas, according to Register Haqdaran Zamin for the year 1976-77, situated in village Kalu-joo, Tehsil These petitions can be straight way dismissed on the basis of the 360" whears the Supreme Court judgment reported as "PLD 1986 ownership of the agricultural land as ground of pre-emption was declared as repugnant to Islamic Law of Pre-emption. The instant case was pending without decree vide the law as declared by this Court in Sardar Ali's case reported in PLD 1988 SC 287.
3. Qualifications of pre-emption arc not thus available to the pre-emptors in these petitions after the target date i.e, 31-7-1986.
4. ' Thus these petitions are devoid of any merit and they are, accordingly dismissed.