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1991 SCMR 1815

MUHAMMAD IQBAL vs FAZAL ELAHI And Other

Citation1991 SCMR 1815
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.507-R of 1983
Date1991-04-25
Judge(s)Abdul Qadeer Chaudhry, Shafi-ur-Rehman
ResultLeave refused

ORDER

SHAFIUR RAHMAN, J.---The petitioner against whom pre-emption claim has succeeded, seeks leave to appeal against, the judgment of the Lahore High Court dated 24-4-1983 whereby the protection was not granted to him against the pre-emption claim on the strength of his co-vendee being a Mangla Dam Oustee, a certificate-holder to that effect.

2. The fact that the share of the petitioner was distinctly mentioned in the mutation of sale and he could not claim any superior or equal right on merits against the pre-emptor, is' sufficient to sustain the judgment of the High Court. Merely by associating with a person whose purchase enjoyed exemption under the law, the petitioner could not benefit. There is no merit and leave to appeal is refused.

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