SIKANDAR HAYAT AND 4 OTHERS vs MASTER FAZAL KARIM — 1951 PLD 61

Citation: 1951 PLD 61

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-06-21

Parties: SIKANDAR HAYAT AND 4 OTHERS vs MASTER FAZAL KARIM

Headnotes

Case cited as PLD 1951 Pesh. 61

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: SIKANDAR HAYAT AND 4 OTHERS vs MASTER FAZAL KARIM Case No.: Civil Appeal No, 232 of 1969 Date of Judgment:1971-06-21 Reported As: PLD 1971 Supreme Court 730 Result: Appeal accepted JUDGMENT JUDGMENT WAHEEDUDDIN AHMED, J.--This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Lahore, in R. S. A. No, 682 of 1962 dated the 25th November 1966. By this judgment, a learned Single Judge of the High Court reversed the concurrent findings of the Courts below in a suit for pre-emption brought by the respondent and accepted the appeal. The facts giving rise to this appeal are that on the 15th April 1958, one Mst. Sakina Bibi sold agricultural land measuring 13 kanals and 14 marlas situate in Nawan Rangpur, Tehsil and District Gujrat for Rs, 15,000 to the appellants by a registered sale deed, Exh. D. 2. According to the deed, Rs, 13,000 were paid in cash to the vendor by the vendees before the Sub-Registrar and balance of Rs, 2,000 was left in deposit with the vendees to redeem the mortgage of the land. Respondent Master Fazal Karim filed a suit for possession of the suit land by pre-emption on the 14th April 1959, on the ground that he had a preferential right to acquire the land in dispute. He further alleged that the price or market value of the land in suit was not more than Rs, 7,000. The suit was resisted by the appellants. They denied the…

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