Pakistan Case Law
1988 SCMR 1216

MUHAMMAD HUSSAIN Versus GHULAM SHABBIR

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Citation1988 SCMR 1216
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Leave to Appeal Nos.1588 and 1589 of 1980
Date1988-04-24
Judge(s)Afzal Zullah and Javid Iqba1
Authored byMuhammad Afzal Zullah
ResultPetitions dismissed

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑ ‑Leave to appeal has been sought in these two petitions which have arisen out of failure of the petitioner (plaintiff) throughout in two suits for pre‑emption.

2. Findings of fact by all the learned‑ Courts below are against the petitioner. No justification has been made out for interference by this Court in this behalf. Not only this, the petitioner has not succeeded in any Court so far. The pre‑emption law having been changed on 30th July, 1986, on account of the Judgment of this Court in the case of Government of N.‑W.F.P. through Secretary, Law Department v. Malik Said Kamal Shah P L D 1986 S C 360, no decree can now be passed in favour of the petitioner for the first time. These petitions are, accordingly, dismissed.

M. I. /M‑441/S Petitions dismissed.

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