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Petitioner: MUHAMMAD SHERIN SAHIBZADA through Legal Heirs and 7 others VS Respondent: LAL BADSHAH and 5 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title:MUHAMMAD SHERIN SAHIBZADA through Legal Heirs and 7 others vs LAL
BADSHAH and 5 others Case No.: Civil Petition for Leave to Appeal No,60-P of 1987 Date of Judgment:1989-05-13 Reported As: 1989 SCMR 1796 Result: Leave granted Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--After hearing the learned counsel for the petitioners we consider it a fit case for examination of the following quest ions:- (a) Whether; a pre-emption decree could have been passed in favour of respondent No,2 after the declaration by a Civil Court that he was not a co-sharer--the qualification claimed by him as basis for his suit. (b) That being so, whether; a decree could at all be passed in favour of the other pre-emptor (respondent No,1); because, in the aforesaid eventuality he would have lost by application of the rule of sinker. (c) Other related questions. ' Order accordingly and . Security Rs,5,000. ' The appeal shall be prepared on the present record with direction for filing of all essential documents. ' Status quo to be maintained subject to all exceptions.