1988 SCMR 1586

ISMAIL Versus ABDUL MAJID

Citation1988 SCMR 1586

CourtSupreme Court of Pakistan

Judge(s)Muhammad Afzal Zullah and Saad Saood Jan

Authored byMuhammad Afzal Zullah

ResultPetition dismissed

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought. by the vendees/defendants in a pre‑emotion suit against the acceptance of Regular Second Appeal of the respondent whereby the decree granted in favour of the respondent, which was reversed by the first appellate Court, was restored by the High Court.

2. Learned counsel for the petitioners has contended that the pre‑emptor failed to establish his superior right of pre‑emotion because his relationship with the vendor which he relied upon was not established through the pedigree table produced by him in evidence. With the help of the learned counsel we have read the pedigree table referred to by him (at page 28 of the Paper Book). It shows that the pre‑emptor clearly succeeded in establishing his claimed relationship. That being so, there is no substance in this petition and the leave to appeal is refused.

3. M.B.A./I‑36/S Petition dismissed.