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Petitioner: Mst. NASIM AKHTAR VS Respondent: Mst. MUKHTIAR BANO
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, S. A. Nusrat Title: Mst. NASIM AKHTAR vs Mst. MUKHTIAR BANO Case No.: Civil Petition No. 727 of 1984 R.S.A. No. 40 of 1983 Date of Judgment:1985-11-15 Reported As: 1986 SCMR 980 Result: Petition dismissed
Judgment ORDER NASIM HASAN SHAH, J.--This petition arises in a pre-emption matter. 2. The petitioner is a vendee of a house situate in Multan. The sale of the disputed house in her favour was pre-empted by the respondent. She has been found to have a superior right of pre- emption and it has also been found that the custom of pre-emption exists in the locality where the house is situate. These findings have been concurrently upheld by the Additional District Judge and the High Court. Hence this petition for leave to appeal. 3. Mr. K.H. Khurshid, learned counsel for the petitioner, while challenging both these findings, has raised before us questions merely of appreciation of evidence. These questions have already been fully considered by the three Courts below. No question of law arises for consideration in this matter and the case is not fit for interference by this Court. This petition is, accordingly, dismissed.