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Petitioner: MUHAMMAD YASIN and others VS Respondent: Mst. RASHIDA BIBI
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Saad Saood Jan Title: MUHAMMAD YASIN and others vs Mst. RASHIDA BIBI Case No.: Civil Petition No,596 of 1988 Date of Judgment:1988-07-17 Reported As: 1989 SCMR 779 Result: Leave refused
Judgment ORDER ' SAAD SAOOD JAN, J.--By a registered sale-deed dated 5-11-1976 the petitioners purchased about 60 Kanals of agricultural land situate in Chak No,128/1-L of Tehsil Khanpur. On 5-11-1977 the respondent brought a suit for pre-emption, basing her superior right on the assertion that she was the sister of the vendor. The suit was decreed by the trial Court and the petitioners' appeals before the District Judge and the High Court remained unsuccessful. They now seek leave to appeal from this Court. 2. In support of this petition it is contended on behalf of the petitioners that as the superior right claimed by the respondent was founded on a ground which was not recognised by the Islamic Law, the learned Single Judge who dismissed the second appeal should have referred the matter to the Full Bench nominated by the learned Chief Justice of the High Court under the Shariat Ordinance. We are not prepared to entertain this contention as it was not raised before the learned Single Judge. 3. No other point has been raised. The petition is dismissed.