| Citation(s) |
|---|
| 1998 SLG 892 1998 SLD 892 1998 SCMR 2356 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.519 of 1996, decision dated: 30-03-1998. (On appeal from the judgment/order, dated 18-7-1996, of the Lahore High Court, Rawalpindi Bench, Rawalpindi, passed in Civil Revision No.361-D of 1996)
IRSHAD HTZSAN KHAN AND SH. IJAZ NISAR, JJ
Raja Abdul Ghafoor, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Leave to Appeal No.519 of 1996, decision dated: 30-03-1998. (On appeal from the judgment/order, dated 18-7-1996, of the Lahore High Court, Rawalpindi Bench, Rawalpindi, passed in Civil Revision No.361-D of 1996)
IRSHAD HTZSAN KHAN AND SH. IJAZ NISAR, JJ
Raja Abdul Ghafoor, Advocate-on-Record for Petitioner. Nemo for
Respondents
ABDUL RASHEED
VS
IBRAHIM and 2 others
Law:
Section:
Land Reforms Regulation, 1972 (M.L.R. 115)--Para. 25---Constitution of Pakistan (1973), Art. 185(3)---Suit for preemption on basis of plaintiff's tenancy in land in question---Suit was decreed, pre-emption money was deposited and same was withdrawn by one of the defendants---Defendant, thereafter, filed suit for permanent injunction praying that plaintiff be restrained from interfering in his possession of the suit land--Defendant's suit was dismissed by all the Courts below including the High Court ---Validity---Pre-emption .money having been received by defendant and plaintiff's tenancy accepted, defendant was estopped from challenging preemption decree---Revenue Officer was duty bound to bring Revenue Record uptodate in conformity with binding adjudication of Civil Courts---Concurrent findings recorded by Courts below did not suffer from any illegality warranting interference---Leave to appeal was refused in circumstances. JUDGMENT IRSHAD HASAN KHAN, J.---Leave to appeal is sought against the judgment, dated 18-7-1996, passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Civil Revision No. 361-D of 1996. 2. The brief facts are that one Abid Hussain Shah filed a suit for possession through pre-emption against the petitioner in respect of the suit land purchased by him alongwith his brother. Ibrahim, respondent No.1 herein, also filed a suit for possession through pre-emption on the basis of his tenancy in the land, which was decreed on 27-4-1990. The pre-emption money was deposited…
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