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Petitioner: Pir ABDUR REHMAN VS Respondent: NATIQ HUSSAIN SHAH
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: Pir ABDUR REHMAN vs NATIQ HUSSAIN SHAH Case No.: Civil Petition No,783 of 1983 Date of Judgment:1988-08-02 Reported As: 1989 SCMR 1208 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff in a pre-emption matter against the dismissal of his Regular Second Appeal. ' The respondent had contested the suit on the assertion that the transaction in question was gift, and, therefore, it was not pre-emptible. The petitioner's assertion that it was sale was accepted by the trial Court and the suit was decreed. The respondent's first appeal failed, but the High Court on second appeal filed by him accepted his plea that the transaction in question was gift. After hearing the learned counsel and going through the relevant record, we have not been able to find any infirmity in the impugned judgment so as to hold that the finding of fact reached by the High Court could not have been rendered in its second appellate jurisdiction. The learned counsel has failed to satisfy us in this behalf. ' Leave to appeal is, therefore, refused.