Find a Lawyer

Regular Second Appeals Nos. 561 to 564 of 1976, heard on 8th February, 1986.

‑‑‑Ss. 8(2) & 15‑‑Notification No. 3278‑85/RL‑III, dated 1‑1‑1986‑‑Right of pre‑emption in respect of sale of land in dispute completely taken away by notification, dated 1‑1‑1986 issued under S. 8(2), Punjab Pre‑emption Act, 1913‑‑Although respective sales of such land made and suits and appeals in relation thereto maintained long before issuance of said notification, yet no decree, _held, could be passed in favour of plaintiff in respect of disputed land.

Mst. Bibi Jan and others v. Miss R.A. Monny and another PLD 1961 S C 69 rel.

Mian Nazir Akhtar for Appellant.

M. Saleem Sehgal for Respondent.

Date of hearing: 8th February, 1986.

This, and other three appeals, bearing Regular Second Appeals Nos. 562 to 564, all of 1976, filed by Muhammad Sharif against the trial Court's decrees of dismissal of his four suits for possession of land through pre‑emption, upheld in the appeals below; have become infructuous on account of Notification No. 3278‑85/LR‑III, dated 1‑1‑1986 issued under section 8(2) of the Punjab Pre‑emption Act, 1913 to declare that no right of pre‑emption shall exist in respect of the sale of land in suit.

2. Although the respective sales had been made and the suits as well as the appeals below, as also these second appeals, were maintained long before the issuance of the abovementioned notification, yet, as has been held by their Lordships of the Supreme Court in Mst. Bibi A Jan and others v. Miss R.A. Monny and another P L D 1961 S C 69, it has completely taken away the right of pre‑emption so that no decree in favour of the plaintiff can possibly be passed now. All the four appeals are accordingly dismissed. No order as to costs.

M. Y. H. /770/L Appeals dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.