Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Punjab Pre-emption Act (I of 1913)--S.15--Pre-emption decree passed in pre-emptor's favour for the first time in 1984--Such case was thus not hit by the rule laid down by Supreme Court in Sardar Ali's case reported as P L D 1988 S C 287 as pre-emption decree was passed before the target date viz. 31-7-1986--Intervening remand order would not make any difference in circumstances. Sardar Ali and others v. Muhammad Ali and others P L D 1988 S C 287 rel. (b) Punjab Pre-emption Act (I of 1913)-- ---S.15--Constitution of Pakistan (1973), Art.185(3)--Superior right of pre­emption stood' concluded by findings of fact--No justification made out for re­appraisal of evidence--Leave to appeal refused in circumstances. Shahid Hussain Kadri, Advocate instructed by Muhammad Aslam Chaudhary, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 27th February, 1989. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a vendee/defendant's side in a pre-emption case against the dismissal by the High Court, of petitioner's civil revision against a decree for pre-emption originally granted by the trial Court, on 30th October, 1984. Learned counsel has contended that the decree in respondent's favour was hit by the rule laid down in the case `Sardar…

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