| Citation(s) |
|---|
| 1993 SLG 944 1993 SLD 944 = 1993 SCMR 1308 |
Civil Appeal No.1102 of 1990, decided on 26th November, 1992.
Saleem Akhtar and Wali Muhammad Khan, JJ
CHIRAGH MUHAMMAD KHAN---Appellant
VERSUS
Mst. NASEEBAN BIBI---Respondent
Law:
Section:
SALEEM AKHTAR, J.---This appeal by the leave of this Court is directed against the judgment dated 21-6-1988 passed by the learned Single Judge of the Lahore High Court in a revision application filed by the appellant, dismissing the same and maintaining the judgment and decree passed by the Courts below.
The brief facts are that one Muhammad Siddique sold land measuring 8 Kanals 18 Marlas to the appellant through a sale-deed registered on 9-9-1968. The respondent, being wife of one Muhammad Siddique claiming superior right of pre-emption over the appellant/defendant filed a pre-emption suit against him. The appellant denied the claim and pleaded. that the property is not pre-emptible. There exists a brick-kiln and many houses in the neighbourhood have been constructed. He further pleaded that he has spent Rs.20,000 on the improvement of the property which is a Sikni land and was sold as such. The suit was decreed on 7-4-1975. The appellant filed an appeal against the judgment and decree passed by the learned trial Court which was dismissed on 2-2-1977. The revision application filed by the appellant did not succeed. Leave was granted to consider the following questions:---