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Petitioner: MUHAMMAD IQBAL VS Respondent: FAZAL ELAHI And Other
Court Name: Supreme Court of Pakistan Judge(s): Abdul Qadeer Chaudhry, Shafi-ur-Rehman Title: MUHAMMAD IQBAL vs FAZAL ELAHI And Other Case No.: Civil Petition for Leave to Appeal No.507-R of 1983 Date of Judgment:1991-04-25 Reported As: 1991 SCMR 1815 Result: Leave refused
Judgment ORDER SHAFIUR RAHMAN, J.---The petitioner against whom pre-emption claim has succeeded, seeks leave to appeal against, the judgment of the Lahore High Court dated 24-4-1983 whereby the protection was not granted to him against the pre-emption claim on the strength of his co-vendee being a Mangla Dam Oustee, a certificate-holder to that effect. 2. The fact that the share of the petitioner was distinctly mentioned in the mutation of sale and he could not claim any superior or equal right on merits against the pre-emptor, is' sufficient to sustain the judgment of the High Court. Merely by associating with a person whose purchase enjoyed exemption under the law, the petitioner could not benefit. There is no merit and leave to appeal is refused.