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1984 SCMR 1385

MUHAMMAD MASOOD KHAN BHATTI vs Mst. GHULAM FATIMA

Citation1984 SCMR 1385
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 206 of 1982 Regular First Appeal No,40/80
Date1982-10-24
Judge(s)Nasim Hasan Shah, Aslam Riaz Hussain, M. S. H. Qureshi
ResultLeave granted

ORDER

1. NASIM HASAN SHAH, J.-- It has, inter alia, been contended that the respondent had waived her preferential right as evidenced by the statements of D.W.6 (Rashid Faiz) and D.W.9 (Muhammad Masood) which established that despite the knowledge of transfer of the land in favour of the petitioner herein for a sum of Rs, 57,000 and even on being asked to take the land she refused to do so. This conduct in the circumstances of the case constituted waiver and that this plea had been rejected on academic considerations rather than the true realities of the situation.

2. ' The case requires further consideration. Leave is, accordingly, granted.

3. ' Security in the sum of Rs,2,000.

4. ' Interim order to status quo as to the possession passed on 10-3-1982 to continue meanwhile.

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