MUHAMMAD ISMAIL vs KHURSHID HUSSAIN

This petition for leave to appeal was filed by a vendee challenging the dismissal of his Regular Second Appeal in a pre-emption matter. The petitioner contended that the lower courts erred in their decision regarding the plea of waiver raised against the respondent/pre-emptor. Specifically, the petitioner challenged the appreciation of evidence concerning the authenticity of the 'Tehreer Tark-i-Shufa' (a document purportedly waiving the right of pre-emption) and argued that the material on record regarding the waiver was not correctly assessed. Upon review, the Supreme Court found no legal error or infirmity in the findings of the lower courts. The Court held that the findings of fact against the petitioner were unexceptionable and did not warrant interference. Consequently, the petition for leave to appeal was dismissed. The judgment reinforces the principle that the Supreme Court will not interfere with concurrent findings of fact in a pre-emption case where no legal infirmity is demonstrated.