Case Details

Citation(s)
1985 SLG 842 1985 SLD 842 1985 SCMR 1216
Supreme Court of Pakistan
Civil Petition No. 1001 of 1979, decision dated: 24-02-1985 (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 24-9-1979 in R.S.A. No. 151 of 19.78)
ASLAM RIAZ HUSSAIN AND SHAFIUR RAHMAN, JJ

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MUHAMMAD HUSSAIN

VS

. MUHAMMAD BAKHSH and others--Respondents

Law:

Section:

Constitution of Pakistan (1973)-­---Art. 185(3)--Punjab Pre-emption Act (I of 1913), S. 21--Suit for pre-emption--Petitioner claiming to have purchased suit land on strength of a receipt, seeking possession--Purchase of land not disclosed in pre-emption proceedings--Suit for possession dismissed on ground that sale was not proved--Concurrent finding of two Courts upheld-Conduct of petitioner and vendor in not disclosing sale in proper proceeding at proper time making sale transaction shady--Petition being devoid of merits, dismissed. Iftikharul Haq Khan, Advocate Supreme Court instructed by S. Abid Nawaz, Advocate-on-Record for Petitioners. Tanvir Ahmad, Advocate-on-Record for Respondent No. 1. Date of hearing: 24th February, 1985. ORDER SHAFIUR RAHMAN, J. --While Muhammad Bakhsh respondent No. 1 was involved in a pre-emption suit with respondents Nos. 2 and 3, the petitioner claimed to have purchased on the strength of a receipt the land which was the subject-matter of pre-emption suit without respondents No. 2 or 3 pleading so in the pre-emption suit or the petitioner intervening in the pre-emption suit on the basis of such purchase. He independently obtained a consent decree against respondents Nos. 2 and 3 and wanted to stall the pre-emption decree…
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