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Petitioner: MUHAMMAD HUSSAIN VS Respondent: MUHAMMAD BAKHSH And Other
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Shafi-ur-Rehman Title: MUHAMMAD HUSSAIN vs MUHAMMAD BAKHSH And Other Case No.: Civil Petition No. 1001 of 1979 R.S.A. No. 151 of 19 Date of Judgment:1985-02-23 Reported As: 1985 SCMR 1216 Result: Petition dismissed
Judgment ORDER SHAFIUR RAHMAN, J. --While Muhammad Bakhsh respondent No. 1 was involved in a pre-emption suit with respondents Nos. 2 and 3, the petitioner claimed to have purchased on the strength of a receipt the land which was the subject-matter of pre-emption suit without respondents No. 2 or 3 pleading so in the pre-emption suit or the petitioner intervening in the pre-emption suit on the basis of such purchase. He independently obtained a consent decree against respondents Nos. 2 and 3 and wanted to stall the pre-emption decree obtained by Muhammad Bakhsh in the pre- emption suit. His suit for possession of the land was decreed against the three respondents but the District Judge held the sale as not proved and on appeal dismissed the suit. The learned Judge in the High Court upheld that finding. The learned counsel for the petitioner contended that the sale stood proved and should have been given effect to and the decree of pre-emption obtained by Muhammad Bakhsh respondent against the other to respondents was of no avail to him as the to respondents had already parted with their interest in the land. Not only that the alleged sale has been found to be not proved by the to Courts the conduct of the petitioner as also the vendors from whom he got the land would show that they did not disclose it in proper proceedings and at the proper the. Their conduct really made the whole alleged transaction to be a shady one and directed towards depriving the decree-holder of the fruits of his pre-emption suit. There is no merit in the petition which is hereby dismissed.