Case Details

Citation(s)
1984 SLG 995 1984 SLD 995 1984 SCMR 1506
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.100/R of 1984, decision dated: 3rd April, 1984 (On appeal from the judgment and order of the Lahore High Court dated 21-3-1984 Civil Revision 399/D of 1984)
SHAFI UR RAHMAN AND MIAN BURHANUDDIN KHAN, JJ

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NOOR HUSSAIN and 5 others

VS

. MUHAMMAD ANWAR and 2 others--Respondents

Law:

Section:

Constitution of Pakistan (1973)-----Art.185(3)-Suit for pre-emption --Trial court decreeing suit of respondents and same upheld by District Judge in appeal and High Court in revision--Contentions raised against impugned found to be without any merit--Leave to appeal refused. --[pre-emption]. Raja Muhammad Anwar, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Nemo for Respondents Date of hearing: 3rd April 1984. ORDER MIAN BURHANUDDIN KHAN, J.-- The petitioners purchased 258 Kanals and 7 Marlas of land from Jamil Hussain s/o Tafazzal Hussain and Afzaal Hussain son of Tajammal Hussain for consideration of Rs.26,000. The respondents filed a suit for possession by way of pre­emption against the petitioners in the Court of Civil Judge, which was decreed vide judgment dated, 26-4-1980. Against this judgment an appeal was filed in this Court but on an objection of the respondents that the appeal was maintainable before the District Judge the same was returned to the petitioner who, accordingly, filed the same in the Court of the learned District Judge, Gujranwala but the same was dismissed per judgment and decree 6-3-1984. Thereafter the petitioners filed a Civil Revision No.399/D/84 which came up for hearing before a learned Judge of the Lahore High Court who vide the impugned order, dismissed the revision. By this petition the petitioners now seek leave to appeal against the aforesaid judgment of the High Court on the ground that the learned District Judge while hearing appeal, gave no decision on all the issues relevant to the case which amounts to refusal of exercise of…
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