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Petitioner: Malik FAZAL HUSSAIN VS Respondent: Sardar ATTAULL Ali KHAN and another
Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Muhammad Afzal Zullah, M. S. H. Qureshi Title: Malik FAZAL HUSSAIN vs Sardar ATTAULL Ali KHAN and another Case No.: C.R. No,35-D of 1981 Civil Petition No, 29-P of 1984 Date of Judgment:1984-03-09 Reported As: 1984 SCMR 1346 Result: Petition dismissed
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, Actg. C.J.-- Leave to appeal has been sought from judgment dated 16- 1-1984 of the Peshawar High Court; whereby a Civil Revision was dismissed and a decree for possession through pre-emption passed in favour of the respondent (plaintiff) was upheld. ' The petitioner (defendant) has purchased the land in dispute through a Court decree. Respondents' suit for pre-emption was decreed. Petitioner's appeal failed. Lie then filed a Civil Revision Petition in the High Court and pressed therein only the point regarding the pre-emption money. It was however dismissed. Therefore this petition for leave to appeal. Learned counsel for the petitioner has not pressed the point regarding the price. Instead he sought to raise a new point regarding the nature of sale in his favour. In the circumstances of the case, he was not permitted to do so as it was not pressed in the High Court. We accordingly dismiss this petition.