| Citation(s) |
|---|
| 1979 SLG 594 1979 SLD 594 1979 SCMR 401 |
Supreme Court of Pakistan
Civil Petition No. 364 of 1977, decision dated: 20-02-1979.
MUHAMMAD AKRAM AND NASIM HASAN SHAH, JJ
Mian Saeed ur Rehman Farrukh, Advocate Supreme Court instructed by Sh. Salah ud Din, Advocate on-Record for Petitioners. Rana Maqbool Ahmad Qadri, Advocate on-Record (absent) for
Respondent
Civil Petition No. 364 of 1977, decision dated: 20-02-1979.
MUHAMMAD AKRAM AND NASIM HASAN SHAH, JJ
Mian Saeed ur Rehman Farrukh, Advocate Supreme Court instructed by Sh. Salah ud Din, Advocate on-Record for Petitioners. Rana Maqbool Ahmad Qadri, Advocate on-Record (absent) for
Respondent
ATAUL HAQ AND ANOTHERS
VS
Master GHULAM RASOOL
Law:
Section:
Punjab Pre emption Act (I of 1913) ----S. 19 Statutory notice Copies of notices produced by petitioner (vendee) not duly proved and testimony of witnesses in such regard wholly inconclusive and unreliable No .statutory notice as required by S. 19, held, at all served on plaintiff pre emptor. JUDGMENT MUHAMMAD AKRAM, J. This is a .petition for special leave from the judgment and decree dated 2nd of March 1977, whereby a learned Single Judge of the Lahore High Court at Lahore dismissed in limine a regular second appeal filed by the petitioner herein against the respondent. It is barred by eight days and in view of the circumstances explained in the application under Order XLIX, rule 6 of the Supreme Court Rules, 1956 we hereby condone the delay and proceed to its disposal on the merits. . On the 14th of September 1970 Mst. Sughra Begum sold the land in dispute to the petitioner for Rs. 6,000. The respondent successfully pre empted the sale and the decree thus passed by the trial Court was affirmed by the District Judge on first appeal and upheld by the High Court in second appeal. The only objection raised before us in this petition against the judgment is that all the three Courts have failed to dispose of issue No. 4 framed in the suit: This issue is as under;---- "Whether any legal notice was served on the plaintiff, if so, its effect ?" The…
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