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1985 SCMR 1831

SUBA And Another vs REHMAT ALI

Citation1985 SCMR 1831
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No.323 of 1979 Regular Second
Date1985-02-17
Judge(s)Aslam Riaz Hussain, Shafi-ur-Rehman
ResultLeave refused

ORDER

ASLAM RIAZ HUSSAIN, J.--Suba and another (petitioner herein) seek leave to appeal against the judgment of the High Court, dated 10-2-1979, dismissing their R.S.A. In a pre-emption case.

2. Facts, briefly, are that the petitioners purchased 17 Kanals 16 Marlas of agricultural land in Mauza Kot Sondha, District Sheikhupura, from one Shahzad Ali Khan vide Mutation No. 153, dated 8-9-1973.

The respondent, however, filed a suit to pre-empt the sale on the ground of being a joint Khatedar of the vendor. The suit was contested by the petitioners on the plea that being tenants on the land in question they had superior right of pre-emption as against the respondent. On the basis of the evidence recorded by the learned trial Court it gave a finding that none of the petitioners was tenant on the land in dispute. It, therefore, decreed the suit. The petitioners filed an appeal which was dismissed by the learned Additional District Judge on 1-3-1978.

They then filed an R.S.A. Which was dismissed vide the impugned judgment. Hence the present petition for leave to appeal.

3. We have heard the learned counsel for the petitioners at some length and gone through the relevant portions of the judgments of the Courts below.

4. We notice that all the three Courts below have arrived at a concurrent finding of fact that the petitioners were not tenants on the land in question. The learned counsel neither raised any important question of law nor has he been able to point out any misreading of evidence or omission on the part of the learned Courts below to consider any material portion of the evidence on the record. We do not, therefore, consider it a proper case to interfere with the above noted concurrent finding of fact at this stage.

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