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Petitioner: MUHAMMAD RAZZAQ And Others VS Respondent: MUHAMMAD DIN
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Aslam Riaz Hussain Title: MUHAMMAD RAZZAQ And Others vs MUHAMMAD DIN Case No.: Civil Petition for Special Leave to Appeal No. 171 of 1979 Date of Judgment:1986-02-07 Reported As: 1986 SCMR 1379 Result: Appeal refused
Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 9-12-1978 of the Lahore High Court, whereby petitioner's Regular Second appeal was dismissed. 2. The petitioners had filed a suit for pre-emption. Before the decision of the suit, however, a notification was issued, the effect of which was that 15 Kanals out of the pre-empted agricultural land was included in Municipal limits of Sialkot city on account of which no right of pre-emption could be claimed in regard thereto. Accordingly a decree only for remaining land was passed. The petitioners challenged the dismissal of the suit with regard to 15 Kanals in First and Second Appeal. Having failed to achieve success they have now sought leave to appeal. 3. Learned counsel agrees that in order to succeed in the suit the plaintiffs should not only have right to pre-empt on the date of the sale and on the date of the filing of the suit but also on the date of the passing of the decree. He also agrees that before passing of the decree in the suit 15 Kanals of land became part of the municipal area and thus was exempted in this case from the law of pre-emption. Therefore, on the date of the decree he could not exercise right of pre-emption with regard to the disputed 15 Kanals. That being so, the dismissal of his suit regarding the disputed area was rightly upheld by the High Court. This petition fails and leave to appeal is refused.
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