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Petitioner: MUHAMMAD SADIQ and another VS Respondent: JALAL KHAN and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: MUHAMMAD SADIQ and another vs JALAL KHAN and others Case No.: Civil Petition No, 56 of 1984 Date of Judgment:1988-05-24 Reported As: 1989 SCMR 959 Result: Leave refused
Judgment ORDER ' SAAD SAOOD JAN, J.--This petition for special leave to appeal arises out of a pre-emption suit. It was dismissed by the trial Court but on appeal it was decreed by the Additional District Judge, Gujrat. In second appeal by the vendees, the High Court set aside the judgment and decree of the Additional District.Judge and restored those of the trial Court. 2. The land in dispute was purchased by Jalal Khan and Muhammad Bashir. Subsequently, they sold it to Muhammad Rafique. ' Muhammad Hussain and Muhammad Sadiq flied a suit for pre-emption with reference to the sale made in favour of Jalal Khan and Muhammad Bashir. Although they possessed a superior right vis- a-vis Jalal Khan and Muhammad Bashir but so far as Muhammad Rafique was concerned, they were on equal footing with him. 3. The only question for consideration before the Courts was whether Jalal Khan and Muhammad Bashir had sold the land to Muhammad Rafique prior to the institution of the suit. The finding of the High Court is in the affirmative and we do not see any reason to interfere with it. This petition is accordingly dismissed.