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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD ASLAM SHAH VS Respondent: HABIB KHAN and 11 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: MUHAMMAD ASLAM SHAH vs HABIB KHAN and 11 others Case No.: Civil Petition for Leave to Appeal No,194/R of 1989 Date of Judgment:1989-05-15 Reported As: 1989 SCMR 1642 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a pre-emptor/plaintiff; against the dismissal by the High Court, of a Civil Revision. The only question involved and raised now left to be resolved is; whether, the pre-emption amount has correctly been fixed and decreed. ' Learned counsel has relied on an agreement to sell executed within a year of the transaction of sale which was subject-matter of pre-emption. The price of the land mentioned in the agreement was half of what was alleged to have been actually paid subsequently at the time of the sale transaction. ' Learned counsel for the caveator relying on the evidence in this behalf argued that this so-called discrepancy/contradiction stood fully explained on record and having been accepted by the learned Courts below by concurrent finding of fact, the High Court rightly refused to exercise its revisional jurisdiction. After hearing both the learned counsel we have not been able to discover any error, in the concurrent findings of fact by the learned Courts below, of law or principle. Leave to appeal, accordingly, is refused.