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Petitioner: MUHAMMAD BASHIR VS Respondent: BAGGA alias SARDAR KHAN
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: MUHAMMAD BASHIR vs BAGGA alias SARDAR KHAN Case No.: Civil Petition No,1026 of 1984 Date of Judgment:1988-08-09 Reported As: 1989 SCMR 1140 Result: Petition dismissed
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--This is a vendee's petition for leave to appeal in a pre-emption matter. ' The dispute now left to be resolved is whether the pre-emptor (a real brother of the vendor) has superior right of pre-emption as compared to the petitioner/vendee (a real nephew of the vendee). After some technical arguments, learned counsel could not dispute the fact that a real brother (pre-emptor herein) is higher in order of succession than a real nephew (the vendee/petitioner herein); and that the case had to be decided under the Punjab Pre-emption Act, the relevant provisions whereof conferred right of pre-emption "in the order of succession". ' After hearing the learned counsel, on the said "order of succession" (the petitioner a nephew, being lower than the respondent/pre-emptor/brother) this petition cannot succeed. ' Thus it is without any substance. Leave to appeal is, accordingly, refused.