Case Details

Citation(s)
1995 SLG 190 1995 SLD 190 1995 SCMR 940
Supreme Court of Pakistan
Civil Petition No. 552 L of 1993, decided on 11th May, 1994.
AJMAL MIAN AND WALI MUHAMMAD KHAN, JJ
Ch. Khurshid Ahmad, Advocate Supreme Court and Tanvir Ahmed, Advocate on Record for Petitioner. Ch. Muhammad Yaqoob Sidhu, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate on Record for
Respondent.

ABDUL AZIZ

VS

MUHAMMAD ASHIQ --Respondents

Law: Punjab Pre-emption Act, 1991

Section: 5

Law: Constitution of Pakistan, 1973

Section: 185(3)

Punjab Pre emption Act (IX of 1991)   S. 5 Constitution of Pakistan (1973), Art. 185(3) Entitlement to claim right of pre emption All the Courts below gave concurrent finding to the effect that plaintiff was not estopped from claiming his right of pre emption while deciding his entitlement to claim such right Leave to appeal was refused against such concurrent finding of Courts below. Jam Pari v. Muhammad Abdullah 1992 SCMR 786; Muhammad Amin v. Maqbool Ahmad 1983 SCMR 498 and Nasir Ahmad v. Irshad Ahmad PLD 1984 SC 403 ref. JUDGMENT AJMAL MIAN, J.This is a petition for leave to appeal against the judgment dated 5 4 1993 of a learned Single Judge of the Lahore High Court in Civil Revision No. 1716 of 1986 filed by the petitioner, dismissing the same and affirming the judgment/ decrees of the two Courts below i.e. the Civil Judge, Kasur and the learned Additional District Judge, Kasur dated 7 11 1984 and 17 7 1986 respectively, decreeing the respondent’s suit for pre emption in respect of the suit land. It may be observed that the learned Additional District Judge while affirming the judgment/decree of the Trial Court granted additional amount of Rs.4,000 to the petitioner vendee. The petitioner has, therefore, filed above…
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