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1995 SCMR 935

NOOR MUHAMMAD vs MUHAMMAD YAQOOB

Citation1995 SCMR 935
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 399/L of 1993,
Date1994-05-09
Judge(s)Saleem Akhter, Abdul Qadeer Chaudhry
ResultLeave refused

' ABDUL QADEER CHAUDHRY, J.---The petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 1-12-1992.

2. The facts, in brief, are that the respondent brought a suit for possession through pre-emption.

The suit was decreed by the learned Civil Judge, Gujrat. The petitioner's appeal was accepted by the learned District Judge, Gujrat, and the case was remanded. The respondent, being aggrieved, challenged the order of the Additional District Judge before the High Court. The learned Judge in Chambers accepted the revision petition, set aside the order of remand and maintained the order of the learned Civil Judge.

3. The learned counsel for the petitioner has submitted that the respondent had waived his right of pre-emption. He has referred to Exh.D/1, whereby the respondent waived his right of tenancy.

Nowhere it is mentioned that he had abandoned his right of pre-emption. The respondent based his claim being the collateral of the vendor, and the learned counsel has accepted that the respondent is collateral. The petitioner has absolutely failed to establish the plea of waiver. The judgment of the High Court is not open to exception.

' This petition has no force. The same is dismissed and the leave prayed for 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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