JAFAR HUSSAIN Versus SAID AHMAD

ORDER

SAAD SAOOD JAN, J .‑‑This petition arises out of a pre‑emption suit which was dismissed by the trial Court but on appeal was decreed by the District Judge. However, in second appeal the High Court set aside the judgment and decree of the District Judge and restored those of the trial Court.

2. The vendees in this case were four brothers namely, Said Ahmad, Inayatullah, Faiz Ahmad and Hidayatullah. The petitioner who is the pre‑emptor based his superior right on the assertion that he was owner in the estate in which the land in dispute was situate.

3. Three of the vendees namely Said Ahmad, Inayatullah and Hidayatullah were already owners in the estate. The question before the Courts was whether Faiz Ahmad had also become an owner in the estate before the institution of the suit. The trial Court answered this question in the affirmative and dismissed the suit. The learned District Judge came to a contrary conclusion but his finding was set aside by the High Court. After hearing the learned counsel for the petitioner, we do not find that the view taken by the High Court on the question suffers from any infirmity. The petition is dismissed.

M.I./J‑26/S Petition dismissed