DUR MUHAMMAD SHAH versus AKBAR HUSSAIN SHAH

S13 premature discrimination issue is pre-determined by the District Judge in favor of the plaintiff and there is no restriction in the jurisdiction of the civil courts which is allowed to appeal.

1981 C L C 783

[Lahore]

Before Khurshid Ahmad, J

DUR MUHAMMAD SHAH‑Appellant

versus

AKBAR HUSSAIN SHAH (REPRESENTED BY LEGAL HEIRS)

Respondents

Regular Second Appeal No. 555 of 1968, decided on 24th March, 1980.

Punjab Pre‑emption Act (I of 1913)‑

S 13‑Right of pre‑emption‑Issues in suit already settled by District Judge in favour of plaintiff and there being no bar in respect of jurisdiction of civil Courts‑Appeal allowed.

Babu All Muhammad v. Mahmoodul Hassan P L D 1968 Lah. 329 and Bashir Ahmad Khan v. Qaisar All Khan and others P L D 19'73 S C 507 ref.

Mian Nazir Akhtar for Appellant.

Mohammad Hanif Niazi for Respondent.

Date hearing : 17th March, 1980.

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