SULTAN vs HABIB AHMAD and another
This matter arises from a petition for leave to appeal filed by a vendee against the dismissal of his civil revision by the High Court in a pre-emption case. The core legal question revolves around whether a decree for pre-emption could be passed against the petitioner after 31-7-1986 when the pre-emptor had not been granted a decree at any stage by any court prior to that date, relying on the precedent of Sardar Ali and others (PLD 1988 SC 287). The Supreme Court held that the question raised requires examination and granted leave to appeal, directing the appeal to be prepared on the present record and heard alongside similar cases, while ordering the continuation of the stay order until the final hearing.
- Whether a decree for pre-emption can be passed against a vendee after 31-7-1986 if the pre-emptor was not granted a decree at any stage by any court before that date?
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a vendee in a pre-emption matter against the dismissal of his Civil Revision by the High Court.
2. Learned counsel states that the respondent/pre-emptor was not granted a decree for pre- emption at any stage by any Court before 31-7-1986. That being so, it is further argued that no decree could be passed against the petitioner after 31-7-1986 as done in this case. Reliance has been placed on the case of Sardar All and others (PLD 1988 SC 287).
3. ' The question raised requires examination. Leave to appeal is granted. Security Rs,5,000.
4. ' The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents. The appeal shall be heard with similar other cases. The offices at all the relevant Registries to take care that none of these cases is left out when the main lot is fixed for hearing.
5. ' Stay order to continue till the hearing of the appeal by this Court.