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2002 C.L.R. 57

Haji MUHAMMAD AKBAR vs MUHAMMAD AKRAM and others

Citation2002 C.L.R. 57
CourtSupreme Court of Pakistan
Case No.CR No.. 1303 of 1999 Civil Petition No. 1450-L of 1999
Date2001-07-05
Judge(s)Munir A. Sheikh, Abdur Rahman Khan
ResultLeave Refused

ORDER

ABDUR RAHMAN KHAN, J.--- The plaintiffs-respondents filed suit for possession through pre- emption in respect of the suit land against the petitioner-vendee which was decreed by the Trial Court and the decree was affirmed by the appellate Court and also affirmed in revision by the High Court through the impugned judgment. This petition has, therefore, been moved to assail the legality of the said judgment.

2. The learned counsel submitted that talb-i-muwathibat had not been made in time and that talb-i-ishhad was required to have been made within the shortest possible time but in this case it was made within ten days.

3. The perusal of the impugned judgment reveals that talb-i- muwathibat had been dealt with extensively and every aspect of the matter has been discussed before reaching the conclusions. All the Courts have agreed in their decisions that talb-i-muwathibat and talb-i-ishhad were made in accordance with law. No justification could be shown for interference in the unanimous decisions of the Courts.

This petition is, therefore, dismissed and leave is refused.

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