MUHAMMAD RAFIQUE Versus MUHAMMAD RAMZAN

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑ ‑A vendee in a pre‑emption matter has challenged a decision of the High Court whereby a Regular Second Appeal filed by the respondent's side was accepted.

2. The learned counsel for the petitioners has contended that the reliance from the respondent's side on copy of the "Jamabandi" which was not properly attested as true copy should not have been permitted.

3. When questioned as to who was required to prepare the copy, the learned counsel answered‑‑the Patwari. When further questioned if the Patwari had prepared the copy, he answered in the affirmative.

4. The answer to the next question whether copy was incorrectly prepared was given by the learned counsel in the negative. When asked, that the point in view of his answers, which would not render the impugned judgment as illegal or improper in so far as substantial questions involved in the case are concerned should this Court grant leave to appeal on the mere omission of the certificate that it was a true copy the learned counsel could not advance any further argument.

5. The point raised by the learned counsel is of mere technicality. Leave to appeal is accordingly refused and the petition is dismissed.

6. M.B.A. /M‑4741S Petition dismissed.