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Petitioner: ABDUL HAMID VS Respondent: BARKAT ALI
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Haleem, M. S. H. Qureshi, Shafi-ur-Rehman Title: ABDUL HAMID vs BARKAT ALI Case No.: Civil Petition for Special Leave to Appeal No. 1110 of 1984 Date of Judgment:1985-07-01 Reported As: 1985 SCMR 1790 Result: Petition dismissed
Judgment ORDER MUHAMMAD HALEEM, C.J.--In this petition the dispute is in regard to the under valuation of the pre-emption suit. The trial Court held that the value of the well in Khasra No. 635 had not been included in the statement of 'Fard Khalis Profit' and accordingly the suit was under valued for the purpose court-fee. But the appellate Court held that the well was not separate from the agricultural land but subservient to it and accordingly the suit was not under valued. The High Court in civil revision also upheld the conclusion of the appellate Court and we see no justification to disagree with this finding of fact as to the suit being properly valued. Accordingly the petition has no force and is dismissed.