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Initializing Secure Chambers
Petitioner: QASIM KHAN VS Respondent: NAWAZ KHAN AND Other
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Safdar Shah, Karam Elahi Chauhan Title: QASIM KHAN vs NAWAZ KHAN AND Other Case No.: Civil Review No. I-P of 1978 C. P. No. 194/P of 1975 Date of Judgment:1979-04-22 Reported As: 1979 SCMR 358 Result: Petition dismissed
Judgment ORDER KARAM ELAHEE CHAUHAN, J.-This is a petition for review of an Order dated 18-12-1977 whereby Civil Petition for Special Leave to Appeal No. 149/P of 1975 was dismissed by this Court. The facts of the case are given in detail in the aforesaid Order wherein it was held that the landdispute which measured less than two. Kanals had been purchased by the vendee for constructing houses and as such was not pre-emptiable. 2. Learned counsel submits that the view expressed in the aforesaid Order is not correct inasmuch as the vendee will have difficulty in getting such a small area in partition from the other co-owners. The contention I misconceived and, even otherwise, is hardly a ground to seek review on judgment because it pertains more to the manner in which the vendee will construct the houses on the land and has nothing to do with our finding regarding non-pre-emptibility of the sale transaction. 3. The petition has no merits and is dismissed.