SULEMAN vs MUHAMMAD KHAN — 1971 SCMR 362

Citation: 1971 SCMR 362

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-04-08

Parties: SULEMAN vs MUHAMMAD KHAN

Headnotes

Case cited as 1971 SCMR 362

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: SULEMAN vs MUHAMMAD KHAN Case No.: Civil Petition for Special Leave to Appeal No. 63-P of 1970 Date of Judgment:1971-04-08 Reported As: 1971 SCMR 362 Result: Leave refused JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of a learned Single Judge of the West Pakistan High Court, Peshawar Bench, summarily dismissing a second appeal. The order discloses that before the High Court only one issue, namely, issue No. 4, dealing with the question of the value of the improvements, was pressed. This second appeal arose out of a pre-emption suit which had been decreed by the Courts below upon concurrent findings on all points, including the question of the value of the improve--ments alleged to have been made on the land by the vendee. The High Court, in these circumstances, took the view that it had no jurisdiction to interfere in second appeal in the face of such concurrent findings as regards not only, the amount of the improvements but also the nature of the improvements made. Learned counsel appearing in support of this petition con--cedes that he is not in a position to say that any other point was urged before the High Court but yet he endeavoured to argue that the decree for pre-emption was an. Illegal decree, as his client, the petitioner, was a co-sharer in a joint khata. In these circumstances, according to the learned counsel, no…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.