| Citation(s) |
|---|
| 1989 SLG 1873 1989 SLD 1873 1989 SCMR 1737 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.533 of 1981, decision dated: 4-05-1988.(On appeal from the judgment, dated 14-1-1981 of the Lahore High Court, Lahore, passed in R.S.A. No.473 of 1975)
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
C. A. Rahman, Advocate Supreme Court and Hamid Aslam Oureshi, Advocate-on-Record for Petitioner. Rana Maqbool Ahmad Oadri, Advocate-on-Record for
Respondents.
Civil Petition for Special Leave to Appeal No.533 of 1981, decision dated: 4-05-1988.(On appeal from the judgment, dated 14-1-1981 of the Lahore High Court, Lahore, passed in R.S.A. No.473 of 1975)
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
C. A. Rahman, Advocate Supreme Court and Hamid Aslam Oureshi, Advocate-on-Record for Petitioner. Rana Maqbool Ahmad Oadri, Advocate-on-Record for
Respondents.
Mst. BAKHSHI
VS
FAZAL MUHAMMAD and another
Law:
Section:
Punjab Pre-emption Act (I of 1913)-----S.15--Concurrent findings--In addition to the material brought on record in the evidence admitted in High Court, there was enough material for High Court to affirm and uphold !he concurrent Findings of fact by the Courts below--Grant of leave to appeal, held, was not justified. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a vendor in a case of pre-emption against judgment, dated 14-1-1981 of the Lahore High Court; whereby the petitioner's Regular Second Appeal, was dismissed. 2. In a pre-emption suit, the petitioner/vendor and the respondent/vendee took up the position that no sale had taken place, therefore, the pre-emption decree could not be passed in favour of the plaintiff/respondent. The plea was rejected and the pre-emption suit was decreed. The judgment of the trial Court was upheld in 1st Appeal. In Second Appeal filed by the petitioner, the two judgments of the Lower Courts were upheld. The learned Single Judge in the High Court, however, also admitted additional evidence under Order XLI, Rule 27, C.P.C. 3. The learned counsel for the petitioner, while seeking leave to appeal on behalf of the vendor, has contended that the learned Single Judge could not have 1 admitted additional evidence under Order XLI, Rule 27 when hearing and disposing of a Regular Second Civil Appeal; and…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492