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Petitioner: MUHAMMAD HUSSAIN And Others VS Respondent: MUHAMMAD SIDDIQUE And Other
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Saad Saood Jan Title: MUHAMMAD HUSSAIN And Others vs MUHAMMAD SIDDIQUE And Other Case No.:Civil Petition for Special Leave to Appeal No 973 of 1986 Revision No. 2084-
JUDGMENT
Reported As: 1987 SCMR 310 Result: Petition dismissed Judgment JUDGMENT SAAD SAOOD JAN, J.--This petition for special leave to appeal arises out of a suit for pre-emption and the only question for consideration is whether respondent No.1, the pre-emptor, was estoppel from bringing the suit. In support of the plea of estoppel the petitioners who were the vendees averred that the property in dispute was first offered to respondent No.1 but he declined to purchase it. This averment was sought to be supported by oral testimony, alone which was provided by Mst. Aamna Bibi, her husband Chiragh Din and the petitioner. It may be mentioned that Mst. Aamna Bibi was the vendor. She was a sister of respondent No.1. She admitted at the trial that her relations with respondent No.1 were strained. When respondent No.1 appeared in the witness-box he was not questioned about the offer allegedly made to him to purchase the land. The learned trial Court, the Additional District Judge and the High Court did not regard the oral testimony as sufficient to establish the plea of estoppels. We see no reason to interfere in the concurrent finding recorded by these Courts which finding was essentially based on appreciation of evidence. The prayer for leave to appeal is refused.