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Petitioner: LABHA VS Respondent: ALTAF HUSSAIN
1988 S C M R 1345
1988 S C M R 1345
Present: Muhammad Afzal Zullah, Javid Iqbal and Saad Saood Jan, JJ
LABHA and another‑‑Petitioners
versus
ALTAF HUSSAIN‑‑Respondent
Civil Petition for Special Leave to Appeal No.896 of 1981, decided on 5th May, 1988.
(On appeal from the order dated 20‑6‑1981 of the Lahore High Court, Lahore, passed in Civil Revision No.729‑D of 1981).
Punjab Pre‑emption Act (I of 1913)‑‑
‑‑‑S.15‑‑Court Fees Act (VII of 1870), S.7(vi)‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Dismissal of pre‑emption suit on ground of payment of deficient court‑fees was sought by petitioner/ vendee‑ Question regarding court‑fees raised in the petition having stood concluded by the judgment of Supreme Court in Siddique Khan and 2 others v. Abdul Shakoor Khan and another (P L D 1984 S C 289) which was against the petitioner. petition for leave to appeal was dismissed.
Siddique Khan and 2 others v. Abdul Shakur Khan and another P L D 1984 S C 289 ref.
Sahibzada Said‑ul‑Hamid, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
Muhammad Aslam Chaudhry, Advocate‑on‑Record for Respondent. .
Date of hearing: 7th May, 1988.
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑‑A vendee/ defendant in a pre‑emption matter has sought leave to appeal against judgment dated 20‑6‑1981 of the Lahore High Court, whereby his civil revision involving question of court‑fee, was dismissed.
2. The petitioners sought the dismissal of respondents suit on the ground of payment of deficient court‑fee. He having failed, has sought leave to appeal. The question regarding court‑fee raised in this petition stands now concluded by the judgment of this Court in Siddique Khan and 2 others v. Abdul Shakur Khan and another (PLD 1984 S C 289), which goes against the petitioners. Leave to appeal is, accordingly, refused and the petition is dismissed.
M.B.A./L‑10/S Petition dismissed.