Munir Ahmed vs Mst — 2026 YLR 1161 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 YLR 1161 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: YLR
Parties: Munir Ahmed vs Mst
Subject matter: Civil
Provisions referred to: S. 115---S; S. 2; Civil Procedure Code (V of 1908); Punjab Pre-emption Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Munir Ahmed VS Mst. Toheeda-tul-Hassan Ss. 2(a) & 13---Civil Procedure Code (V of 1908), S. 115---Suit for possession on basis of pre-emption---Concurrent findings---Revisional jurisdiction of High Court---Scope---Defendant moved an application for rejection of plaint on the ground that as the transaction related to a shop, so it was not pre-emptable being hit by S.2(a) of Punjab Pre-emption Act, 1991 ('the Act, 1991'); said application was allowed by Trial Court which order and decree was maintained by the District Court---Validity---In the present case, the suit instituted by the petitioner was not hit by S.2(a) of the Act , 1991---Though there were concurrent findings to said effect but they were clearly the outcome of patent illegalities---Being the revisional Court, it was the duty of the High Court to rectify the error even if it was committed concurrently by the two Courts---The revisional Court was not supposed to shut its eyes merely on account of the fact that there were concurrent findings of the two Courts---High Court set-aside the impugned judgments and decrees passed by both the Courts below being tainted with material irregularities; as a sequel, suit of the petitioner would be deemed to be pending before the Civil Court which would be decided afresh strictly in accordance with law on its own merits---Revision, filed by plaintiff, was allowed accordingly.

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