SHAFAAT BEGUM and 11 others vs AMJAD HAMID and 10 others
This appeal by leave arose from a pre-emption suit where the respondents' suit was initially dismissed, but an appeal to the Lahore High Court was allowed, and the case remanded. Leave to appeal was granted by the Supreme Court on the specific ground that no pre-emption decree could be passed after June 30, 1986. The Supreme Court allowed the appeal, thereby setting aside the High Court's decision to remand the case for a pre-emption decree. The Court affirmed that no pre-emption decree could be passed after the specified cut-off date. However, it was noted that the respondents retained the right to file an application under Section 35 of the Punjab Pre-emption Act, 1991, before the trial court, which, if filed, would be processed according to law. The parties were directed to bear their own costs.
- Can a pre-emption decree be passed after June 30, 1986?
- Do respondents in a pre-emption suit have the right to file an application under Section 35 of the Punjab Pre-emption Act, 1991, before the trial court?
- Section 35, Punjab Pre-emption Act 1991
ORDER
' ABDUL SHAKURUL SALAM, J.---This appeal by leave arises in the following circumstances.
1. The respondents filed a suit for pre-emption which was dismissed on 3-2-1987. They filed an appeal in the Lahore High Court which was allowed I A and the case remanded. Leave to appeal was granted on the ground that after 30-6-1986 no decree could be passed.
2. Learned counsel for the respondents has submitted that the respondents have the right to file an application under section 35 of the Punjab Pre-emption Act, 1991 before the learned trial Court. That may be so and if an application is filed that shall be proceeded in accordance with law. As far as this appeal is concerned, it is allowed but in the circumstances parks are left to bear their own costs.