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K.L.R. 2009 Revenue Cases 101

Haji Khan And 3 Other vs Ahmad Younis And 9 Other

CitationK.L.R. 2009 Revenue Cases 101
CourtSindh High Court
Case No.Civil Revision Application No. S-07 of 2004
Date2007-09-24
Judge(s)Amir Hani Muslim
ResultPetition application dismissed

ORDER

1. AMIR HANI MUSLIM, J. 1 have perused the judgment impugned in these proceedings. The pre- emption suit was filed by the brother of the applicant and the said suit was decreed,, against which the appeal was preferred and during the pendency of the appeal the pre-emptor died. The appeal continued, though it stood abated on the death of the pre-emptor in view of the judgment of the Hon'ble Supreme court reported in the case of Mali Ghulam Nabi v. Member- III Board of Revenue (PLD. 1990 SC 1043). Additionally, it has been noticed that neither the place nor the witnesses and nor the date was mentioned at the time of the alleged Talabs' made by the pre-emptor, which by itself in sufficient to reverse the findings of the Trial Court. For the afore-said reasons that since the appeal abated on the death of the pre-emptor and additionally the date, place and witnesses having not been mentioned at the time of Talabs',- this revision application is misconceived and is accordingly dismissed.

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