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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SHAH MUHAMMAD VS Respondent: MUHAMMAD BIBIHonorable Justice Muhammad Afzal Zullah
1988 S C M R 1367
1988 S C M R 1367
Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ
SHAH MUHAMMAD and 2 others‑‑Petitioners
versus
MUHAMMAD BIBI and 5 others‑‑Respondents
Civil Petition for Special Leave to Appeal No.952 of 1983, decided on 16th May, 1988.
(On appeal from the Judgment dated 26‑2‑1983 of the Lahore High Court, Lahore, passed in R.S.A. No.388 of 1977).
Punjab Pre‑emption Act (I of 1913)‑‑
‑‑‑S.21‑‑Pre‑emption suit‑‑Main question raised regarding the right of pre‑emptors to seek the decree for pre‑emption impugned before High Court stood concluded by findings of fact reached by three Courts below against petitioner‑‑Supreme Court declined inter ference‑‑Petition dismissed.
Riyasat Ali, Advocate Supreme Court and M.A.Qureshi, Advocate‑on‑Record for Petitioners.
Naveed Sheher Yar, Advocate Supreme Court and S. Abid Nawaz, Advocate‑on‑Record for Respondents.
Date of hearing 16th May, 1988.
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑‑Mahmood A.Qureshi, who is not an A.O.R. in this case, made a statement that Sh.Abdul Karim, A.O.R. having died, no new A.O.R. has been appointed from the petitioners‑side. Riyasat Ali, the learned Advocate appearing for the petitioner instructed Mr.Qureshi to make statement that he will not be able to appear before the Court and the petition may be disposed of on consideration of the material placed on record.
2. We accordingly examined the material and have come to the conclusion that it is not a fit case for grant of leave to appeal, because the main question raised regarding the right of the respondents /pre‑emptors to seek the decree for pre‑emption impugned!, before the High Court stands concluded by findings of fact reached' by the three learned Courts below against the petitioner. Leave to appeal is, accordingly, refused and the petition is dismissed.
M.B.A./S‑151/S Petition dismissed.