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Petitioner: FARID And Others VS Respondent: ALLAH YAR And Another
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Saad Saood Jan Title: FARID And Others vs ALLAH YAR And Another Case No.: Civil Petition for Special Leave to Appeal No. 105 of 1987 Date of Judgment:1987-03-04 Reported As: 1987 SCMR 814 Result: Leave granted
JUDGMENT
JUDGMENT SAAD SAOOD JAN, J.-- This is a petition for special leave to appeal by the vendees against whom a decree in a pre-emption suit has been passed. 2. The respondents had based their right of pre-emption on the grounds that they were owners in the estate as well as collaterals of the vendors. The contention in support of this petition is that after the decision of the Shariat Appellate Bench in Government of N.-W.F.P.' v . Said Kamal Shah PLD 1986 SC 360 it was not open to the respondents to claim a superior right on the grounds taken by them. This contention needs consideration. Leave to appeal is granted to the petitioners Security in the sum of Rs.1,000. The appeal may be made ready on the present record with permission to the parties to produce additional documents. Execution proceedings are stayed subject to the petitioners furnishing security for mesne profits within one month to the satisfaction of the Executing Court.