| Case ID |
d86f47ae-a64d-440f-a247-f49cf0b75efd |
| Body |
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| Case Number |
Civil Appeal No.44 of 1988 |
| Decision Date |
Nov 26, 1989 |
| Hearing Date |
Nov 26, 1989 |
| Decision |
The appeal was dismissed with no order as to costs. The court held that the appellant, Rozi Muhammad, was a lessee and therefore not entitled to the rights of a tenant. The court ruled that the amendment made by the Ordinance XI of 1981 was retrospective in nature, thus excluding the lessee from the definition of tenant. The court also found that the issues regarding the superior right of pre-emption based on contiguity were not properly agitated in the lower courts, leading to the dismissal of the appeal. |
| Summary |
This case revolves around the interpretation of the Land Reforms Regulation, 1972, specifically concerning the definition of 'tenant' and the exclusion of 'lessee' from this definition under Ordinance XI of 1981. The Supreme Court of Pakistan addressed a civil appeal involving Rozi Muhammad, who sought a pre-emption decree against Haji Gul Muhammad. The court emphasized that the lessee's status does not grant them tenant rights, particularly under the retrospective application of recent amendments. The decision highlights key legal principles regarding land reform and pre-emption rights, offering insights into property law and tenant rights within Pakistan's legal framework. This case is significant for legal practitioners and scholars interested in property law, amendments, and the interpretation of rights in land ownership disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
Mian Inamul Haq, Advocate Supreme Court,
Ghulam Dastgir, Advocate-on-Record for Appellant,
M. Awan Khan, Advocate Supreme Court,
Nur Ahmad Khan, Advocate-on-Record for Respondents
|
| Petitioners |
Rozi Muhammad
|
| Respondents |
another,
Haji Gul Muhammad
|
| Citations |
1990 SLD 1009 = 1990 SCMR 1265
|
| Other Citations |
Naimatullah Khan v. Government of Pakistan P L D 1979 Pesh. 104,
Bakhtawar Shah v. Member, Board of Revenue 1985 S C M R 348
|
| Laws Involved |
Land Reforms Regulation, 1972,
North-West Frontier Province Pre-emption Act
|
| Sections |
Para.2(13),
S.12
|