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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: HASHMAT ALI and others VS Respondent: MUNSHI KHAN
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: HASHMAT ALI and others vs MUNSHI KHAN Case No.: Olin Petition No,127 of 1984 Date of Judgment:1988-05-24 Reported As: 1989 SCMR 967 Result: Leave granted
Judgment ORDER ' SAAD SAOOD JAN, J.--This is a petition for special leave to appeal arising out of a pre-emption suit which was decreed by trial Court. The petitioners' first appeal before the District Judge and the second appeal before the High Court remained unsuccessful. 2. In support of this petition it is urged that the property in dispute fell within the limits of municipal area of Sarai Sidhoo and as such had acquired the character of urban immovable property; in the circumstances, unless it was shown that the right of pre- emption existed in the locality where the land in dispute was located at the time of commencement of Punjab Pre-emption Act 1913, the respondent could not succeed. 3. The contention raised on behalf of the petitioners needs examination. Leave to appeal is granted. Security for costs in the sum of Rs, 5,000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if necessary.