Case Details

Citation(s)
1984 SLG 850 1984 SLD 850 1984 SCMR 1248
Supreme Court of Pakistan
Civil Petition No. 145 of 1982, decision dated: 6-02-1984 (From the order dated 19-12-1981 of the Lahore High Court passed in R.F.A. No.200 of 1981)
NASIM HASAN SHAH AND M.S.H. QURAISHI, JJ

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MUHAMMAD ANWAR and others

VS

. MUHAMMAD ASHRAF and others--Respondents

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Punjab Pre-emption Act (I of 1913), -S.21--Petitioner seeking leave to appeal before Supreme Court pending his appeal in High Court urging that admitting order of High Court that appeal was admitted "only to consider question of appellant's entitlement to compen­sation for improvements alleged to have been effected by them", amounted to dismissal of his appeal in regard to his pleas other than that of compensation for improvements and that High Court had not assigned any reason for such dismissal and dismissal of appeal on those other pleas was bad in law--Point raised, held, required consideration--Leave to appeal granted. Eswariah v. Rameswarayya A I I2 1940 Mad 483, Muhammad Saghir Bhatti & Sons v. Federation of Pakistan P L D 1958 S C 221 and Abid Hussain v. Afsar Jehan Begum P L D 1973 S C 1 ref. Ch. Mushtaq Ahmad Khan, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate-on-Record for Petitioners. Khalid Farooq Qureshi, Advocate Supreme Court and A. Rehman, Advocate Supreme Court with M.A. Qadri, Advocate-on-Record for Respondents. Date of hearing: 6th February, 1984. ORDER M.S.H QURAISHI, J.-- The petitioners, who are vendees/heirs of vendees, filed Regular First Appeal in the High Court against the decree passed against them by the trial Court in a pre-emption suit. As many as ten issues had been framed and decided in regard to the controversy between the parties, of which the findings on issues Nos. 1,2, 9 and 10 had been specifically challenged…
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