| Citation(s) |
|---|
| 1990 SLG 588 1990 SLD 588 1990 SCMR 388 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 741 of 1985, decision dated: 4-06-1989.
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Rana M. Sarwar, Advocate Supreme Court and Rana Maqbool Ahmad Qadir, Advocate-on-Record for Petitioner. Ch. M. Ashraf, Advocate Supreme Court and Tanveer Ahmad, Advocate-on-Record for
Respondents.
Civil Petition for Leave to Appeal No. 741 of 1985, decision dated: 4-06-1989.
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Rana M. Sarwar, Advocate Supreme Court and Rana Maqbool Ahmad Qadir, Advocate-on-Record for Petitioner. Ch. M. Ashraf, Advocate Supreme Court and Tanveer Ahmad, Advocate-on-Record for
Respondents.
BADAR DIN
VS
MUHAMMAD SHARIF and 5 others
Law:
Section:
Land Reforms Regulation, 1972 (M.L.R. 115)-----Para. 25---Constitution of Pakistan (1973), Art. 185(3)---Pre-emption suit--Vendee's defence on claim of tenancy failed in Courts below---Appellate Court and High Court having rendered findings of fact against vendee, there existed no justification for interference so as to examine the correctness of the findings of fact---Leave to appeal was thus refused. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a vendee/defendant in a suit for pre-emption; against the dismissal by the High Court, of his Civil Revision against decree passed in favour of the respondent/plaintiff side. Learned counsel for the respondent has raised a preliminary objection. According to him the petitioner filed two Civil Revisions in the High Court against the same judgment and decree without informing the Court on the second occasion about the earlier dismissal. Accordingly no relief should be granted to the petitioner in the discretionary jurisdiction of this Court to grant leave to appeal and the petition should be dismissed on this ground alone. Learned counsel for the petitioner while admitting only that part of the factual aspect of the preliminary…
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