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1989 SCMR 967

HASHMAT ALI and others vs MUNSHI KHAN

Citation1989 SCMR 967
CourtSupreme Court of Pakistan
Case No.Olin Petition No,127 of 1984
Date1988-05-24
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave granted

ORDER

' SAAD SAOOD JAN, J.--This is a petition for special leave to appeal arising out of a pre-emption suit which was decreed by trial Court. The petitioners' first appeal before the District Judge and the second appeal before the High Court remained unsuccessful.

2. In support of this petition it is urged that the property in dispute fell within the limits of municipal area of Sarai Sidhoo and as such had acquired the character of urban immovable property; in the circumstances, unless it was shown that the right of pre- emption existed in the locality where the land in dispute was located at the time of commencement of Punjab Pre-emption Act 1913, the respondent could not succeed.

3. The contention raised on behalf of the petitioners needs examination. Leave to appeal is granted.

Security for costs in the sum of Rs, 5,000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if necessary.

Cited by 1 case

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