Law: Punjab Pre-emption Act, 1991

Section: 5

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129

Punjab Pre-emption Act (IX of 1991)--- ----S.5---Qanun-e-Shahadat (10 of 1984), Art,129 --- Constitution of Pakistan (1973), Art.185(3)---Pre-emption suit---Exchange of 79 Kanals of land with that of 16 Kanals--- Pre-emptor alleged such exchange to be a sale---Trial Court found such transaction to be exchange and not sale--­Such findings were upheld by Appellate Court and affirmed by High Court---Validity---Evidence led by pre-emptor in support of such plea was vague and sketchy---Authenticity of exchange could neither be doubted nor treated as sale merely on conjectural presumptions that 79 Kanals of land could' not have been exchanged with 16 Kanals of land--­Concurrent findings of fact could not be interrupted in absence of any justification---Supreme Court dismissed petition and refused leave to appeal. ORDER JAVED IQBAL, J.--This petition for leave to appeal is directed against the order dated 12-11-2002 passed by learned Lahore High Court, Lahore, whereby the civil revision petition preferred on behalf of petitioner has been dismissed and judgment and decree dated 2-7-2002 passed by learned Additional District Judge has been kept intact. 2. Precisely stated the facts of the case as enumerated in the order impugned are that "on 7-4-1997, the petitioner brought a suit for pre­emption against the respondent, claiming that the ostensible exchange of the suit-land by the respondent with the vendors Mst. Bashiran Begum etc., vide Mutation No.661, dated 9-12-1996, in fact is a sale and has been manoeuvred with an object to defeat the right of pre-emption of the petitioner; that in fact, the sale had taken place for a sum of Rs.5,00,000 but the value of the land in dispute at the time of attestation, has been shown as Rs.6,00,000. The petitioner claims to have learnt about the sale on 25-3-1997 and made Talb-e-Muwathibat the same day, notice of Talb­e-Ishhad was issued on 4-4-1997 and thereafter, the suit was filed". The claim of the petitioner was controverted in the written statement on the ground that the transaction of exchange was genuine and not pre­emptible. The learned trial Court after completion of codal formalities and recording evidence pro and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492