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1989 SCMR 1796

MUHAMMAD SHERIN SAHIBZADA through Legal Heirs and 7 others vs LAL

Citation1989 SCMR 1796
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,60-P of 1987
Date1989-05-13
Judge(s)Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultLeave granted

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--After hearing the learned counsel for the petitioners we consider it a fit case for examination of the following quest ions:-

(a) Whether; a pre-emption decree could have been passed in favour of respondent No,2 after the declaration by a Civil Court that he was not a co-sharer--the qualification claimed by him as basis for his suit.

(b) That being so, whether; a decree could at all be passed in favour of the other pre-emptor (respondent No,1); because, in the aforesaid eventuality he would have lost by application of the rule of sinker.

(c) Other related questions.

2. ' Order accordingly and . Security Rs,5,000.

3. ' The appeal shall be prepared on the present record with direction for filing of all essential documents.

4. ' Status quo to be maintained subject to all exceptions.

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