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1984 S C M R 1525
Present: Muhammad Afzal Zullah, Nasim Hasan Shah and Mian Burhanuddin Khan, JJ
Malik MUHAMMAD ANWAR TIWANA‑‑Appellant
Versus
MOHAMMAD SHER and others‑‑Respondents
Civil appeal of 82 0f 1978,decided on 20th june,1984.
(On appeal from the judgment and order of the Lahore High Court dated 21‑6‑1971 in S . A . O , No. 380 of 1971) .
‑‑‑Art. 185(3)‑‑Punjab Pre‑emption Act (I of 1913), S.15‑‑Pre‑emption ‑‑Question raised regarding variance between two orders of Civil Judge found to be without any force‑‑Appeal dismissed.
Tanvir Ahmad Advocate‑on‑Record for Appellant.
Ghulam Mujtaba, Advocate‑on‑Record for Respondents.
Date of hearing: 20th June, 1984.
MIAN BURHANUDDIN KHAN,
J.‑‑ Leave was granted to the appellant vide order of this Court, dated 23‑6‑1972 on the ground that order, dated 28‑3‑1967 of the learned District Judge was at variance with the subsequent order, dated 5‑12‑1970. In the former order the learned Judge held that the sum of Rs.40,000 was not fixed in good faith nor the same was actually paid. He, therefore, remanded the case to the Civil Judge to determine the market value of the land. On remand, the learned Civil Judge fixed the value of the property at Rs.40,000 and this finding was upheld on appeal by the learned District Judge and also by the High Court.
On examining the questions raised by the learned counsel we find his contention as regards the variance between the aforesaid twos orders to be of no force. We, therefore, dismiss this appeal and allow one month time to the appellant to deposit the pre‑emption amount. No order as to costs.
S. Q . Appeal dismissed.
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