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Latest Judgments (All Jurisdictions within Pakistan)
MUHAMMAD MUSHTAQ BHUTTA through legal heirs vs Ch MUHAMMAD JAMEEL and 6 others
Summary: Summary pending
MUHAMMAD YOUSAF and 3 otherss vs The STATE and another
Summary: Summary pending
ALEEM SHAH VS MS ARTISTIC MILLINERS PVT LIMITED
Summary: Summary pending.
BASHIR vs The STATE
Summary: Summary pending
ALI UMAR VS MST MINNI
Summary: Summary pending.
SADAR DIN & 12 others Versus MIR MUHAMMAD
Summary: PLJ 2012 SC (AJK) 182 [Appellate Jurisdiction] Present Muhammad Azam Khan CJ and Raja Saeed Akram Khan J SADAR DIN 12 others - - Appellants versus MIR MUHAMMAD - - Respondent CA No 47 of 2003 decided on 232012 (On appeal from the judgment and decree of the High Court dated 17122002 in Civil Appeal No 14 of 2002) AJK Right of Prior Purchase Act 1993 - - - - - - S 14 - - Suit for possession on basis of prior right of purchase against sale deed - - Appellants were agnates and co - sharers with vendor as against vendee - - Dismissed by Courts below - - Misreading and non reading of evidence - - A person who was co - sharer in one survey number in a khewat he would be deemed to be a co - sharer in whole survey numbers falling in a khewat - - Question of - - Whether appellants were shafi - i - shareek - - Ownership of an agricultural land was called holding khewat or khata - - Determination - - If a person has one holding in one village he is owner of one property - - If he has more than one khata or holding in a village he is owner of more than one property - - If a holding comprises more than one khasra number he still remains owner of one property and does not become owner of as many properties as there are khasra numbers [P 186] A West Pakistan Land Revenue Act 1967 - - - - - - S 4 (10) - - Right of Prior Purchase Act 1993 S 14 - - Share or a portion of ans urvey number and khewat - - Right of prior purchase - - Appellants were shareek khewat in land which contiguous and same has not been partitioned - - Appellants were deemed to be co - sharers and it is celebrated principle of law that a person who is shareek khewat has right of pre - emption - - Suit for possession on basis of prior right of purchase against sale - deed dismissal of - - Not examined oral as well as documentary evidence - - Misreading and non - reading of evidence - - All the three Courts had not even touched crucial point and recorded finding that as appellants were not co - sharers in khata which land in dispute falls therefore they had failed to establish right of prior purchase which was not correct - - Appellants had successfully established their right of prior purchase - - Appeal was accepted [P 190] C D Co - sharers - - - - - - One survey and khewat number - - A person who is co - sharer in one survey number in a khewat would be deemed to be co - sharer in whole survey numbers comprising in khewat [P 187] B 2002 SCR 47 PLD 1978 SC (AJK) 156 1999 SCR 83 1986 CLC 2672 PLD 1959 SC (Pak) 9 PLD 1981 SC 148 PLD 1984 SC (AJK) 122 ref Syed Nazir Hussain Shah Kazmi Advocate for Appellants Raja Muhammad Hanif Khan Advocate for RespondentJudgement Result:Appeal accepted
ARBELO alias PAPOO vs The STATE
Summary: Summary pending
Haji BASHIR AHMAD vs The STATE and another
Summary: Summary pending
IDARA E TAHAFFUZ AMN O IKHLAQ E AAMAA THROUGH PRESIDENT S VS TRUSTEE OF JAMIA MASJID HAFT E SULTAN TRUST THROUGH PRESIDENT
Summary: Summary pending.
MOAZZAM ALIAS MUHAZE VS WITHE STATE
Summary: Summary pending.