| Citation(s) |
|---|
| 1981 SLG 404 1981 SLD 404 1981 SCMR 723 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. 625 and 626 of 1974, decision dated: 2-02-1980 (On appeal from the judgment and order of the Lahore High Court, Gated 14-5-1974 in R.S.A. Nos. 109/60 and 110/60)
KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
Sh. Masud Akhtar, Advocate-on-Record for Petitioners. Syed Jamil Hussain Rizvi, Senior Advocate Supreme Court of Pakistan and S. Ali Imam Naqvi, Advocate-on-Record for
Respondent No. 1.
Civil Petitions for Special Leave to Appeal Nos. 625 and 626 of 1974, decision dated: 2-02-1980 (On appeal from the judgment and order of the Lahore High Court, Gated 14-5-1974 in R.S.A. Nos. 109/60 and 110/60)
KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
Sh. Masud Akhtar, Advocate-on-Record for Petitioners. Syed Jamil Hussain Rizvi, Senior Advocate Supreme Court of Pakistan and S. Ali Imam Naqvi, Advocate-on-Record for
Respondent No. 1.
ELAHI BAKHSH AND others
VS
ALLAH BAKHSH AND others
Law:
Section:
Constitution Of Pakistan (1973)-- Art. 185(3)-Leave to appeal-Finding of High Court holding land in dispute to be an urban immovable property and not agricultural land not suffering from any mistake of any legal principle in appreciation of evidence and fully supported by facts and features of case-Held, not open to challenge in Supreme Court under Art. ORDER KARAM ELAHBE CHAUHAN, J.-Muhammad Khan (vendor) (defendant No. 2 in the suit) sold the land in dispute in two lots measuring 10 marlas each situated in the city of Multan, in the locality known as "Taraf Maubarik Awal" by means of two separate registered sale-deeds dated 22-6-1956 and 26-6-1956 respectively to the vendee described therein. The petitioners filed two separate suits to pre-empt the aforesaid sales on the ground that the land in dispute was an "agricultural land" and as such they had a preferential right to pre-empt the same as against the Concerned vendees. The suits were decreed by the learned Civil Judge by o separate judgments dated 18-12-1958 and 19/24-12-1958 respectively. 2. The vendees filed appeal in each suit but without any success as same were dismissed by the learned Additional District Judge on 14-10-1959 by separate judgments. 3. The vendees then filed two second appeals being R. 8, A. 109/60 and R. S. A. 110/60 which brought fruit and were accepted by the High Court on the 14th May, 1974, by a common judgment. The High Court held that tile land in dispute was an "urban immovable property" and "agricultural land" and as such the petitioners had no preferential right to Pre-empt the same. The petitioners lave now come up in petitions for special leave to appeal bearing. Nos. 625/74 and 626/74. The present will dispose of both these petitions. 4. The only point argued by the learned counsel was that the High Court…
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