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1989 SCMR 1085

MUHAMMAD ISMAIL vs NASEER AHMAD and another

Citation1989 SCMR 1085
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,755 of 1988
Date1989-02-27
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal, Syed Usman Ali Shah
ResultLeave to appeal refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a vendee/defendant's side in a pre-emption case against the dismissal by the High Court, of petitioner's civil revision against a decree for pre-emption originally granted by the trial Court, on 30th October, 1984.

2. ' Learned counsel has contended that the decree in respondent's favour was hit by the rule laid down in the case `Sardar Ali and others v. Muhammad Ali and others' (PLD 1988 SC 287). He has also contended that the petitioner's plea that he had a superior right of pre-emption therefore the suit of the respondents should have been dismissed, was not properly considered.

3. The decree in the present case for the first time was passed in favour of the respondents in 1984. It cannot, therefore, be said that it was not passed prior to 31st July, 1986. The fact that there was intervening remand order would not, in view of the principles laid down in the said case, make any difference in the circumstances of this case.

4. The arguments of the learned counsel regarding plea of petitioner's superior right of pre-emption based on the assertion that he was the tenant in possession of the suit land at the relevant time, stands concluded by findings of fact. No justification has been made out for reappraisal of the evidence in this behalf. None of the arguments of the learned counsel has any force. Leave to appeal, therefore, is refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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