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1989 SCMR 847

MUHAMMAD ASLAM and others vs KALA KHAN Represented by his Legal

Citation1989 SCMR 847
CourtSupreme Court of Pakistan
Case No.Civil Petition No,41-R of 1988
Date1989-01-29
Judge(s)Nasim Hasan Shah, Ali Hussain Qazilbash
ResultPetition dismissed

ORDER

1. ' NASIM HASAN SHAH, J.--The respondent Kala Khan (now deceased & represented by his Legal Representatives) successfully pre-empted the sale of land made by the landlord in favour of the petitioners on the ground of being a tenant in cultivating possession of the land in dispute.

2. It is contended that the respondent's attorney in his cross-examination had stated that Kala Khan was in possession of the land as an owner and hence he could not have pre-empted the sale. This contention was also raised before the High Court and it was found that it was established on the record that Kala Khan was in continuous possession of the land in question (since the year 1948) as a temporary allottee and that the statement of the Attorney, read in its true perspective, did not contradict the stand of the respondent that he was the tenant of the land.

3. ' We have also gone through the available record and are inclined to agree with the above view of the High Court.

4. ' No ground for interference is made out.

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