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Petitioner: MISRI KHAN VS Respondent: IFTIKHAR AHMAD And Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Abdul Qadeer Chaudhry Title: MISRI KHAN vs IFTIKHAR AHMAD And Other Case No.:Civil Petitions Nos. 466-R and 467-R of 1988 Regular Second Appeal No.10
of 1988 Date of Judgment:1990-03-27 Reported As: 1991 SCMR 1768 Result: Petitions dismissed Judgment ORDER ABDUL QADEER CHAUDHRY, J.---By this common order these two petitions which are directed against the order of the High Court, dated 15-10-1988 are disposed of. 2. A piece of land in Village Ban Kotal, Tehsil Murree, District Rawalpindi, was sold by Mst. Hassan Jan in favour of the vendee respondents for a price of Rs.1,250 (in C.P. No.466-R of 1988) and Rs.6,000 (in C.P. No.467-R of 1988). The petitioner brought a suit for possession through pre- emption on the ground of his being collateral of the vendor and co-sharer. The learned trial Judge held that the pre-emptor has a superior right but as the plaintiff has failed to pay the court-fee, the suit was dismissed. The appeal filed by the petitioner was dismissed. The petitioner then filed a second appeal in the High Court which was also dismissed. Hence the present petition for leave to appeal. 3. Learned counsel for the petitioner submitted that the finding of the High Court that the petitioner is not a co-sharer is based on misreading of evidence. The High Court has considered the statement of the petitioner wherein he conceded that he was not a co-sharer in the Khata, part whereof was sold to the vendee. The evidence on record shows that the petitioner is not a co- sharer. The petitioner has no preferential right. No decree had been passed in his favour before 31- 7-1986. There are concurrent findings of fact of the Courts below. 4. No point of law is involved in these petitions. The petitions are dismissed and leave to appeal is refused.