Case Details

Citation(s)
1988 SLG 2888 1988 SLD 2888 1988 SCMR 1978
Supreme Court of Pakistan
Constitutional Petition No. 1090 of 1980, decided on 19th July, 1988. Date of hearing: 19th July, 1988. Civil Petition No. 516 of 1982, decided on 2nd August, 1988. (On appeal from the judgment and order, Dated 28-3-1982 of the Lahore High Court, Lahore
MUHAMMAD AFZAL ZULLAH AND JAVID IQBAL, JJ

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GULAB SHAH

VS

GHULAM HUSSAIN---Respondent

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Punjab Pre-emption Act, 1913

Section: 15

Constitution of Pakistan (1973)--   ---Art.185 (3)--Punjab Pre-emption Act (I of 1913); S.15--Leave to appeal, grant of--Appreciation of evidence--Questions raised relating to findings of fact and/or believing or not believing respondents witnesses--No error, legal or otherwise having been found in impugned , leave to appeal refused. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--For the reasons stated in the restoration application, C . P. 1090 of 1980 is restored. In support of the main petition which has been filed by the vendee in a pre-emption matter against the dismissal of his Regular Second Appeal by the High Court, learned counsel initially raised two points. They are: (1) that the respondents suit should have been dismissed on ground of limitation connected with the -question of deficiency in court-fee; and (2) that the respondent had failed to establish his superior right of…
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