ABDUL GHANI vs MUZAFFAR HUSSAIN Case No — 1970 SCMR 661

Citation: 1970 SCMR 661

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-22

Parties: ABDUL GHANI vs MUZAFFAR HUSSAIN

Headnotes

Result: Leave refused Judgment ORDER M. KHAN, J.-The respondent has brought two pre-emption suits against the petitioner on the basis of two mutations.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: ABDUL GHANI vs MUZAFFAR HUSSAIN Case No.:Civil Petition for Special Leave to Appeal No. 77 of 1970 Civil Revision No. 290 of 1970 and C. M. L/C of 1970 Date of Judgment:1970-04-22 Reported As: 1970 SCMR 661 Result: Leave refused Judgment ORDER M. R. KHAN, J.-The respondent has brought two pre-emption suits against the petitioner on the basis of two mutations. The petitioner is the vendee in respect of those two mutations. In the suits, the petitioner raised a plea that there was one transaction of sale and the two mutations are wrong. On the pleadings, the trial Court framed an issue whether there was only one transaction regarding the lands sold. The petitioner objected to this issue apparently on the apprehension that the same would place the onus on him and prayed for re-framing the issue stating whether there were two transactions regarding the lands sold. This prayer was refused by the trial Court. The petitioner came to the High Court in revision, but that Court refused to interfere. The order of the High Court refusing to interfere in revision is under challenge in this petition for special leave. Admittedly, there are two mutations in respect of the lands under pre-emption. It was the petitioner who raised the plea that there was one sale transaction and the two mutations are wrong. In this state of things no legitimate exception can be taken to the issue framed in the…

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