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1988 SCMR 1393

QADIR BAKHSH VS KHAN MUHAMMAD

Petitioner: QADIR BAKHSH VS Respondent: KHAN MUHAMMADHonorable Justice Muhammad Afzal Zullah

Court: Supreme Court of Pakistan

Full Judgment Text & Judicial Ruling

1988 S C M R 1393(1)

1988 S C M R 1393(1)

Present: Muhammad Afzal Zullah and Saad Saood Jan , JJ

QADIR BAKHSH and 2 others‑‑Petitioners

versus

KHAN MUHAMMAD‑‑Respondent

Civil Petition for Special Leave to Appeal No.948 of 1983, decided on 22nd May, 1988.

(On appeal from the order dated 15‑6‑1983 of the Lahore High Court, Bahawalpur Bench, passed in Civil Revision No.221‑D of 1983/B W.P ).

Punjab Pre‑emption Act (I of 1913)‑‑

‑‑‑S.21‑‑Pre‑emption suit‑‑Question of bar of waiver against respondent decided against the plea taken by petitioner by concurrent findings of Courts below which suffered from no noticeable defect‑ Supreme Court declined interference with such findings.

Tanveer Ahmad Khan Advocate‑on‑Record for Petitioners.

Nemo for Respondent.

Date of hearing. 22nd May, 1988.

ORDER

MUHAMMAD AFZAL ZULLAH J.‑‑Leave to appeal has been sought by vendees in a pre‑emption matter against dismissal of their Civil Revision Petition by the High Court.

2. The only material question which has been raised in this case is one of bar of waiver against the respondent /pre‑emptor, It has been decided against the petitioners' plea by concurrent findings of the learned Courts below. The impugned judgment does not suffer from any noticeable defect. Leave to appeal, accordingly, is refused.

M.B.A./Q‑12/S Leave refused.

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