1988 SCMR 1528

GHULAM RASOOL Versus NIAZ AHMAD

Citation1988 SCMR 1528

CourtSupreme Court of Pakistan

Case No.Civil Petition No.667 of 1985

Date1988-06-01

Judge(s)Muhammad Afzal Zullah and Saad Saood Jan

ResultLeave refused

1. MUHAMMAD AFZAL ZULLAH,. J.‑ ‑The vendees' side in a pre‑emption matter has called in question the acceptance of the Regular ‑Second Appeal of the respondents by the High Court.

2. Learned counsel has pressed two points in support of the petition for leave to appeal; (i) that the High Court should not have remanded the case; and (ii) that the petitioners being evictees on account of establishment of Gujranwala Cantonment the purchase in dispute was exempt from pre‑emption.

3. The first question is of fact and after hearing the learned counsel, we do not consider it proper now to examine it any further at this stage. It is not a fit case fur the grant of leave to appeal on that point.

4. The second point, as admitted by the learned counsel, was not pressed before the High Court. Leave to appeal accordingly is refused.

5. M.I. /G‑112/S Leave refused.