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Petitioner: Malik MUHAMMAD ANWAR TIWANA VS Respondent: MUHAMMAD SHER and others
Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Nasim Hasan Shah, Muhammad Afzal Zullah Title: Malik MUHAMMAD ANWAR TIWANA vs MUHAMMAD SHER and others Case No.: Civil Appeal No, 82 of 1978 S.A.O. No, 380 of 1971 Date of Judgment:1984-06-19 Reported As: 1984 SCMR 1525 Result: Appeal dismissed
JUDGMENT
JUDGMENT ' MIAN BURHANUDDIN KHAN, J.-- Leave was granted to the appellant vide order of this Court, dated 23-6-1972 on the ground that order, dated 28-3-1967 of the learned District Judge was at variance with the subsequent order, dated 5-12-1970. In the former order the learned Judge held that the sum of Rs,40,000 was not fixed in good faith nor the same was actually paid. He, therefore, remanded the case to the Civil Judge to determine the market value of the land. On remand, the learned Civil Judge fixed the value of the property at Rs,40,000 and this finding was upheld on appeal by the learned District Judge and also by the High Court. On examining the questions raised by the learned counsel we find his contention as regards the variance between the aforesaid two orders to be of no force. We, therefore, dismiss this appeal and allow one month time to the appellant to deposit the pre-emption amount. No order as to costs.