Pakistan Case Law
1988 SCMR 1635

GHUIAM SABIR Versus GHULAM NABI

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Citation1988 SCMR 1635
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Special Leave to Appeals Nos.955, 998, 999 of 1982
Date1988-05-15
Judge(s)Muhammad Afzal Zullah and Saad Snood Jan
Authored bySaad Saood Jan
ResultPetitions dismissed

ORDER

SAAD SAOOD JAN, J. ‑‑These three petitions for special leave to appeal arise out of three pre‑emption suits which were decreed by the trial Court and its judgments and decrees were upheld by the Additional District Judge, Faisalabad. In revisional jurisdiction the High Court declined to interfere with the decisions of the subordinate Courts.

2. The three suits related to three different sales in which the petitioners were vendees. The pre‑emptors based their superior right on the assertion that they were owners in the estate while the vendees were strangers therein. Admittedly, prior to the three sales the petitioners were not owners in the estate. However, in each suit they claimed an equal status with the pre‑emptor on the basis of the sales which were the subject matter of the other two suits. The claims were rejected by the Courts below on the ground that all the three suits had been decreed against them. In these petitions the petitioners have disputed the correctness of the view taken by the Courts below.

3. After hearing the learned counsel we are unable to agree with him that the view taken by the Courts below suffers from any infirmity. These petitions are accordingly dismissed.

M.I./G‑116/S Petitions dismissed.

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