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Petitioner: SHAHBAZ VS Respondent: KHAN MUHAMMAD
1988 S C M R 1366(1)
1988 S C M R 1366(1)
Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ
SHAHBAZ and 2 others Petitioners
versus
KHAN MUHAMMAD and another‑‑Respondents
Civil Petition for Special Leave to Appeal No.1111 of 1981, decided on 16th May, 1988.
(On appeal from the order dated 16‑11‑1981 of the Lahore High Court, Lahore, passed in R.S.A. No.47 of 1981).
Punjab Pre‑emption Act (I of 1913)‑‑
‑‑‑S.15‑‑Constitution of Pakistan (1973), Art 185(3)‑‑Pre‑emptior suit‑‑Deficiency in court‑fee‑‑Question having already been decided against the petitioner by Supreme Court in the case of Siddique Khan P L D 1984 S C 289, petition was dismissed.
Asghar Ali, Advocate Supreme Court and Ch.Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
Dilawar Mahmood, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Respondents.
Date of hearing: 16th May, 1988.
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑‑This is a vendees' petition in a pre‑emption matter; wherein their challenge is to the decree passed in favour of the respondents/pre‑emptors‑by failure of the petitioners' R.S.A. before the High Court.
2. The only question on which the learned counsel for the petitioners wanted a verdict is one of deficiency in court‑fee, which .a he frankly conceded has now been decided against him in the case of Siddique Khan PLD 1984 SC 289. That being the position, leave to appeal is refused and the petition is dismissed.
M.B.A./S‑153/S Petition dismissed.