Find a Lawyer

Civil Petition for Special Leave to Appeal No. 417 of 1978, decided on 23rd February, 1985.

(Against the judgment of the Lahore High Court, Lahore, dated 11‑6‑1978, passed in R.S.A. No. 310 of 1978).

‑‑‑Art. 185(3)‑‑Punjab Pre‑emption Act (1 of 1913), S. 15‑‑Superior right of Pre‑emption‑‑‑ Concurrent findings of facts by lower Courts‑ Leave to appeal refused by Supreme Court where petitioner failed to show that High Court either misread or ignored any material portion of evidence on record with respect to issue in question.

Raja Muhammad Muzaffar, Advocate Supreme Court and Syed Wajid Hussain, Advocate‑on‑Record for Petitioners.

Sher Zaman, Advocate Supreme Court and M.A. Qureshi, Advocate‑on‑Record for Respondents 1 and 2.

Date of hearing: 23rd February, 1985.

Ilam Din and Mst. Meraj Begum seek leave to appeal against the judgment of the High Court, dated 11‑6‑1978, dismissing their R.S.A. (No.310 of 1978) in a pre‑emption case.

2. The learned counsel for the petitioners submitted that the petitioners have superior right of pre‑emption as compared to the respondents and that the learned Courts below have erred in giving finding to the contrary. We, however, notice that the learned High Court had dismissed petitioners' R.S.A. on the ground that the matter stood concluded by the finding of fact. The petitioners' counsel has not been able to show that the learned High Court has either misread or ignored any material portion of the evidence on the record with respect to the issue in question. The petition is, therefore, dismissed.

A. A. Leave refused.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.