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Petitioner: NAZAR HUSSAIN VS Respondent: ABDUL SALAM And Other
Court Name: Lahore High Court Judge(s): Munir A. Sheikh Title: NAZAR HUSSAIN vs ABDUL SALAM And Other Case No.: Civil Rev. No.1658-D of 1988 Date of Judgment:1989-04-19 Reported As: 1989 MLD 2944 Result: Petition dismissed
JUDGMENT
JUDGMENT Respondents Nos.1 to 3 filed a suit for possession of land through pre--emption against the petitioner on the ground that they were owners in the Khata. This was decreed by the learned trial Court on 1-11-1987. The respondents deposited the price of the land in the learned trial Court as determined in the decree. The petitioner filed appeal against the said judgment and decree before the learned lower appellate Court which has been dismissed through judgment and decree dated 6-6-1988. This revision petition is directed against both these judgments and decrees. 2. Learned counsel for the respondents has placed on record order of the learned trial Court evidencing that the said price amounting to Rs.1,25,000 was received by the petitioner on 6-3-1988 which was allowed to be withdrawn by them on their application moved on 27-7-1980. ' 3. Learned counsel for the petitioner frankly admitted that the said amount was withdrawn by the petitioner and utilized but submitted that he was ready to refund the said amount to respondents Nos.1 to 3. 4. The judgments and decrees have been challenged on the sole ground that there were no 'talabs' made in accordance with the Islamic Injunction, therefore, the suit could not have been decreed after 31-7-1986. Even if that be so, the petitioner's having accepted an amount of Rs.1,25,000 as price of the land and his this conduct can safely be held to constitute independent bargain of sale between him and respondents Nos.1 to 3. He is now estopped from challenging the rights of respondents Nos.1 to 3 as owner thereof. Even otherwise I am not inclined to exercise my discretion under section 115 C.P.C. In favour of the petitioner, in these circumstances. This revision petition- is hereby dismissed without any order as to vests. M.Y.H./N-248/L