AHMAD AND Others vs GHULAM HAIDER — 1972 SCMR 357

Citation: 1972 SCMR 357

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: AHMAD AND Others vs GHULAM HAIDER

Headnotes

Case cited as 1972 SCMR 357

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: AHMAD AND Others vs GHULAM HAIDER Case No.:Civil Petition for Special Leave to Appeal No. 176 of 1971 Regular Second JUDGMENT Reported As: 1972 SCMR 357 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from the judgment and order of a Division Bench of the Lahore High Court dismissing in limine Second Appeal No. 206 of 1971. The said appeal arose out of a suit for pre-emption filed by the respondent herein to pre-empt a sale made by one Ghulam Abbas Shah to the seen petitioners herein. The Courts below, including the High Court, have concurrently held the, out of the seven petitioners who purchased the land in dispute, six had a right superior to that of the respondent herein ; but the petitioner Muhammad was a stranger and therefore, since the other petitioners had associated themselves with a stranger, they too had lost their superior right, and could not, as such, resist the pre-emptor's claim. On behalf of the petitioners, it was sought to be contended before the High Court that the petitioner Muhammad was not a stranger, since he was shown in the jamabandi as a tenant in possession without payment of rent. The High Court refused to go into this question, as it was concluded by concurrent findings of fact of the Courts below. Learned counsel appearing in support of this petition has, however, contended that this is a…

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