MUHAMMAD MUSTAFA and 3 others vs MUHAMMAD AKBAR and others
This matter involves three pre-emption petitions sharing a common question regarding the effect of the judgment delivered by the Shariat Appellate Bench of the Supreme Court in Government of N.-W.F.P. v. Malik Said Kamal Shah. The core legal question is whether a pre-emption decree can be passed under the old pre-emption law after it ceased to have effect. The Supreme Court held that since the petitioners had not succeeded in obtaining a pre-emption decree at any stage before 31st July 1986—the date the old law ceased to have effect pursuant to the aforementioned judgment—no decree under that law can be passed in their favour. The petitions were accordingly dismissed.
- Can a pre-emption decree be passed under the old pre-emption law after 31st July 1986 if the plaintiff had not secured a decree before that date?
- What is the effect of the Shariat Appellate Bench judgment in Government of N.-W.F.P. v. Malik Said Kamal Shah on pending pre-emption suits without a prior decree?
ORDER
' MUHAMMAD AFZAL ZULLAH, J.--There is a common question involved in all these three pre-emption matters. Therefore, they are being disposed of together.
2. Each learned counsel appearing for the petitioners plaintiffs side in each case has stated that the plaintiffs have not so far succeeded in obtaining a decree for pre-emption at any stage before any Court.
3. The Judgment of the Shariat Appellate Bench of this Court in the case of Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360 became effective on 31st of July, 1986, and as the petitioners/plaintiffs have not succeeded so far in obtaining pre-emption decree/s under the old law which ceased to have effect on 31st July, 1986, no decree under that law can be passed in their favour now after the said date. These petitions, therefore, fail and are, accordingly dismissed.