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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD MASOOD KHAN BHATTI VS Respondent: Mst. GHULAM FATIMA
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain, M. S. H. Qureshi Title: MUHAMMAD MASOOD KHAN BHATTI vs Mst. GHULAM FATIMA Case No.: Civil Petition No, 206 of 1982 Regular First Appeal No,40/80 Date of Judgment:1982-10-24 Reported As: 1984 SCMR 1385 Result: Leave granted
Judgment ORDER NASIM HASAN SHAH, J.-- It has, inter alia, been contended that the respondent had waived her preferential right as evidenced by the statements of D.W.6 (Rashid Faiz) and D.W.9 (Muhammad Masood) which established that despite the knowledge of transfer of the land in favour of the petitioner herein for a sum of Rs, 57,000 and even on being asked to take the land she refused to do so. This conduct in the circumstances of the case constituted waiver and that this plea had been rejected on academic considerations rather than the true realities of the situation. ' The case requires further consideration. Leave is, accordingly, granted. ' Security in the sum of Rs,2,000. ' Interim order to status quo as to the possession passed on 10-3-1982 to continue meanwhile.