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Petitioner: ALLAH BAKHSH VS Respondent: UMAR and another
Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ali Shah, Muhammad Afzal Lone Title: ALLAH BAKHSH vs UMAR and another Case No.: Civil Petition No, 410 of 1992 Civil Revision No, 98 of 1992 Date of Judgment:1993-04-24 Reported As: 1994 SCMR 1129 Result: Leave refused
Judgment ORDER ' SAJJAD ALI SHAH, J.---Petitioner purchased land in 1979 for Rs,1,15,620 and in that connection, two pre-emption suits were filed by respondents herein, which were decreed. Petitioner filed appeals, which were allowed partially remanding the cases for assessment of market-value. After failure of Revision in the High Court, petitioner approached Supreme Court and his appeals were accepted and he was allowed Rs,30,000 more as price of the disputed land in addition to the amount already granted by the trial Court. 2. Respondents did not deposit additional amount within time and in the result suits stood dismissed. Instead of filing objections in the execution proceedings, petitioner filed suit for declaration that suits of pre-emption stood dismissed for non-compliance under Order, 20 Rule 14 C.P.C. Plaint was rejected against which appeal and revision have been dismissed. High Court has rightly held that the case attained finality after judgment of the Supreme Court, which is not open to interpretation by a separate suit. Finding no flaw or legal infirmity in the impugned judgment, leave is refused and petition is dismissed as lacking merits.