Mst. SAKINA MAI through her mother and 3 others vs Malik ZAHOOR HUSSAIN
This matter arises from a petition for leave to appeal filed by the vendee/defendant side against the dismissal of their civil revision by the High Court in a suit for pre-emption concerning a house situated in a Mohallah of Multan City. The core legal question involved is whether the right of pre-emption was available to the respondent/plaintiff with respect to the said Mohallah, noting that leave to appeal had already been granted in a similar matter concerning the same Mohallah in Mst. Khurshid Bibi v. Allah Ditta (1985 SCMR 1097). The Supreme Court granted leave to appeal, directed that the present appeal be heard together with the pending connected appeal, ordered security of five thousand rupees, and directed the preparation of the appeal on the present record with liberty to file necessary additional documents.
- Whether the right of pre-emption is available in respect of the Mohallah in question?
- Can leave to appeal be granted to be heard along with a pending connected appeal involving the same locality?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by vendee/defendant side in a suit for pre-emption, against the dismissal by the High Court, of their Civil Revision.
2. The suit property is a house and is situate in a Mohallah of Multan City. The question involved is; whether, right of pre-emption was available to respondent/plaintiff vis-a-vis the Mohallah in question. Leave to appeal has already been granted in respect of the same Mohallah - Mst.
3. Khurshid Bibi v. Allah Ditta 1985 SCMR 1097. Civil Appeal No,871 of 1984, in that behalf, is pending.
4. ' Leave to appeal is granted in the present case also. Both the appeals shall be heard together.
5. ' Security Rs,5,000.
6. ' The appeal shall be prepared on the,present record with direction to the parties to file all additional documents which would be necessary for disposal of appeal.