WALI MUHAMMAD AND Another vs GHULAM RASOOL — 1970 SCMR 471

Citation: 1970 SCMR 471

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: WALI MUHAMMAD AND Another vs GHULAM RASOOL

Headnotes

Case cited as 1970 SCMR 471

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: WALI MUHAMMAD AND Another vs GHULAM RASOOL Case No.:Civil Petition for Special Leave to Appeal No. 55 of 1970 Regular Second JUDGMENT Reported As: 1970 SCMR 471 Result: Petition dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-This petition calls in question the judgment of a Division Bench of the High Court made in second appeal which arose out of a pre-emption suit. The petitioner --vendees resisted the respondent's pre-emption suit on the ground that the sale being of an evacuee property, was not pre-emptible and secondly that the court-fee had not been properly axed on the plaint. Both these issues were decided against the petitioners by the first Court. The petitioners filed an appeal to the District Judge wherein they had abandoned their contention about the sale being non-pre-emptible as it related to an evacuee property. In the second appeal in the High Court, both the points were re-agitated. The learned Judges disallowed the petitioners to rake up the question of the non-competency of the pre-emption suit on the ground that they had abandoned that issue in the lower appellate Court. The objection as regards insufficiency of court-fee was also decided against the petitioners. The learned counsel for the petitioners has not touched the question of the court-fees before us but has argued that the suit was incompetent for the reason that it related to the pre-emption of an evacuee…

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