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Petitioner: MUHAMMAD ISMAIL VS Respondent: KHURSHID HUSSAIN
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: MUHAMMAD ISMAIL vs KHURSHID HUSSAIN Case No.: Civil Petition No,452 of 1982 Date of Judgment:1988-05-25 Reported As: 1989 SCMR 463 Result: Leave to appeal refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--This is a vendee's petition for leave to appeal and it arises out of the dismissal of his Regular Second Appeal in a pre-emption matter. ' Learned counsel for the petitioner has contended that the issue relating to the bar of waiver against the respondent/pre-emptor has not been correctly decided. In particular, he has criticised the appreciation and assessm ent of evidence with regard to existence authenticity of the so- called Tehreer Tark-iShufa relied upon from the petitioner's side. He also took us through the material on record regarding the plea of waiver. After hearing the learned counsel, we have not been able to find any error noticeable by this Court. The finhdings of fact against the petitioner being unexceptionable do not suffer from any infirmity legal or otherwise. This petition fails and is accordingly dismissed.