| Case ID |
f7f9b161-a33a-4c00-b357-90c2a7745285 |
| Body |
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| Case Number |
Civil Petition No. 252-R of 1987 |
| Decision Date |
Mar 21, 1988 |
| Hearing Date |
Mar 21, 1988 |
| Decision |
The Supreme Court granted leave to appeal against the judgment of the Peshawar High Court, which had previously set aside a pre-emption decree in favor of Rozi Muhammad. The court found that the amendment made by Ordinance XI of 1981, which excluded lessees from the definition of tenants, should not apply retrospectively to the case at hand. The court acknowledged the prior ruling of the Assistant Collector, which had favored the petitioner, and suspended the operation of the High Court's order. The case was set to be heard along with other related petitions, allowing the parties to submit additional documents if necessary. |
| Summary |
This case revolves around the interpretation of the Land Reforms Regulation and its amendments, particularly concerning the definition of tenants and the implications of the Ordinance XI of 1981. The Supreme Court of Pakistan had to determine whether the provisions of the ordinance were applicable retrospectively. In this case, Rozi Muhammad had previously won a pre-emption decree, which was later overturned by the Additional Commissioner based on the new ordinance. The court's decision to grant leave to appeal highlights the complexities involved in land reform legislation and its impact on tenant rights. The case references several important precedents, including Naimatullah Khan v. Government of Pakistan and Bakhtawar Shah v. Member, Board of Revenue, emphasizing the evolving nature of land law in Pakistan. This decision not only affects the parties involved but also sets a significant precedent for future cases regarding tenant rights and land reforms, making it a critical reference point in Pakistani legal discussions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
Not available
|
| Petitioners |
Rozi Muhammad
|
| Respondents |
another,
Haji Gul Muhammad
|
| Citations |
1988 SLD 2372,
1988 SCMR 929
|
| Other Citations |
Naimatullah Khan v. Government of Pakistan P L D 1979 Pesh. 104,
Bakhtawar Shah v. Member, Board of Revenue 1985 SCMR 348,
Muhammad Rafique v. Faqir Muhammad etc. P L D 1986 S C 231
|
| Laws Involved |
Land Reforms Regulation, 1972,
Constitution of Pakistan, 1973
|
| Sections |
25,
21(3),
185(3)
|