| Citation(s) |
|---|
| 1989 SLG 404 1989 SLD 404 1989 SCMR 95 1989 SLD 960 1989 SCMR 95 |
Supreme Court of Pakistan
Civil Petition No. 257 of 1985, decision dated: 31st May. 1988
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
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Civil Petition No. 257 of 1985, decision dated: 31st May. 1988
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
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AMIR MUHAMMAD and others
VS
SARDAR and others
Law:
Section:
(a) Punjab Pre-emption Act (I of 1913)--S. 4--Constitution of Pakistan (1973), Art. 185(3)--Dismissal of vendees' regular second appeal by High Court, challenged--Partial pre-emption-, Unintentional omission by plaintiff pre-emptor in plaint to make specific mention of 1/6th share in an irrigation well which was also subject-matter of sale transaction, held, would not amount to partial pre-emption. Naeem-ur-Rehman v. Muhammad Anwar 1986 S C M R 1488 rel. (b) Punjab Pre-emption Act (I of 1913)-- ---S. 4--Constitution of Pakistan (1973), Art. 185 (3)--Leave to appeal, grant of-Question of fact--Interference with--Right of pre-emption--Petitioners' plea that respondents were not owners in the village and had no superior right of preemption, not having been urged before trial Court not entertained--No justification having been made for interference on question of fact, leave to appeal refused. Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners. Date of hearing: 31st May, 1988. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the vendees' side in a pre-emption matter against the dismissal of Regular Second Appeal by the High…
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