1988 SCMR 1491

ABDUL AZIZ Versus SAGHIR KHAN

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Citation1988 SCMR 1491

CourtSupreme Court of Pakistan

Case No.Civil Petition No.1198 of 1981

Date1988-05-25

Judge(s)Muhammad Afzal Zullah and Saad Saood Jan

Authored byMuhammad Afzal Zullah

ResultPetition dismissed

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought by the vendees' side in a pre‑emption matter against the dismissal of their first appeal by the High Court against a remand order by the first appellate Court.

2. Learned counsel states that no decree has been passed in favour of the respondent /pre‑emptor so far at any stage prior to 31‑7‑1986 when the judgment of this Court in the case of Malik Said Kamal Shah P L D 1986 S C 360 came into effect. That being so, he has further argued that no decree can now be passed on any ground whatsoever in such a case pending since before that date, as held by this Court in the case of Sardar Ali and others v. Muhammad Ali and others P L D 1988 S C 287.

3. We agree with the position taken by the learned counsel. This petition is, therefore, dismissed as having become infructuous with the observation that the same plea may be taken by the petitioner before the Court where the suit might now be pending.

4. M.I./A‑247/S. Petition dismissed.