FAIZ AHMAD vs GHULAM MUHAMMAD AND Another — 1972 SCMR 220

Citation: 1972 SCMR 220

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: FAIZ AHMAD vs GHULAM MUHAMMAD AND Another

Headnotes

Case cited as 1972 SCMR 220

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad Title: FAIZ AHMAD vs GHULAM MUHAMMAD AND Another Case No.:Civil Petitions for Special Leave to Appeal Nos. 196, 236 and 238 of 1971 R. S. JUDGMENT Reported As: 1972 SCMR 220 Result: Leave refused Judgment JUDGMENT SALAHUDDIN AHMED, J.-These three petitions are from three different orders of the High Court at Lahore passed in Regular Second Appeals, and similar questions of facts and law are involved in them. They are, therefore, disposed of by one order. The respondents' suit for pre-emption was decreed against the petitioner vendee by the trial Court subject to the condition of payment of Rs. 1,650. The petitioner preferred an appeal before the learned Additional District Judge and pressed objections with regard to issues Nos. 5 and 6 only. These issues related to the payment of Rs. 2,000 in good faith by the vendee and to the question of the market value of the property in dispute. The appeal was dismissed. The petitioner preferred a Second Appeal before the High Court and sought to raise questions which were not raised by him in the first appellate Court. These questions were whether the property was evacuee property and whether it was pre-emptiable, what was the valuation of the property for purposes of court-fee and improvements. The High Court did not permit the petitioner to argue these points on the ground that although those ques--tions find mention in the memorandum of appeal,…

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