SAEE MUHAMMAD AND Another vs TALIB HUSSAIN SHAH — 1970 SCMR 641

Citation: 1970 SCMR 641

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-20

Parties: SAEE MUHAMMAD AND Another vs TALIB HUSSAIN SHAH

Headnotes

Case cited as 1970 SCMR 641

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: SAEE MUHAMMAD AND Another vs TALIB HUSSAIN SHAH Case No.: Civil Appeal No. 60 of 1969 Regular Second Appeal No. 851 of 1965 Date of Judgment:1970-04-20 Reported As: 1970 SCMR 641 Result: Appeal dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J.-Appellants are vendee-defendants in the suit filed by the respondent to pre-empt the sale of 48 kanals of land in village Kahi, district Gujrat, sold away by his father on 30- 7-1960 for the sum of Rs. 11,000. The suit was resisted on the ground that the plaintiff had waived his right of pre-emption by associating with the sale. Trial Court gave effect to the plea and dismissed the suit, but on appeal by the respondent the District Judge came to a contrary conclusion and decreed the suit. The High Court dismissed the second appeal preferred by the appellants affirming the finding that the respon--dent had not waived his right of pre-emption. Leave to appeal was granted to consider the plea that as the land sold was evacuee property, Civil Court did not have the jurisdiction to entertain the suit. The plea was not raised in the written statement, but it was urged that the material already brought on the record was sufficient to decide the issue. Raja Said Akbar appearing in support of the appeal drew our attention to the Jamabandi for the year 1956-57 filed along with the plaint in which the Rehabilitation Commissioner, West Pakistan, is…

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