Case Details

Citation(s)
2007 SLG 3455 2007 SLD 3455 2007 PLJ 1101
Supreme Court of Pakistan
Civil Appeal No. 30 of 2004, decided on 17.1.2007
MUHAMMAD NAWAZ ABBASI & NASIR-UL-MULK, JJ.
Mr. Hifz-ur-Rehman, ASC and Mehr Khan, AOR for Appellant. Mr. M. Rafiq Warriach, ASC for
Respondent

INAYAT--Appellant

VS

NADAR KHAN---Respondent

Law:

Section:

(i) Constitution of Pakistan, 1973-- ----Art. 185(2)--Direct appeal--Concurrent findings--Question of performance of talabs in suit of pre-emption--Reversed--Assailed--Right of pre-emption--Requirement of talab-i-muwathibat--Notice of Talb-e-Ishhad--Whether Talab-i-Muwathibat was or was not performed--Determination--Revisional jurisdiction--Validity--Pre-emptor immediately on coming to know about the sale, announced for exercise of the right of pre-emption and mere fact that in plaint instead of giving time of making talab-i-muwathibat--Not sufficient to negate the claim of pre-emptor of making jumping demand for exercise of right of pre-emption--High Court having misread the evidence, reversed the concurrent finding of two Courts on the question of performance of talab-i-muwathibat in revisional jurisdiction--Held: High Court was not correct in reversing the concurrent findings of two Courts on the mixed question of law and fact in revisional jurisdiction through reappraised of evidence--Appeal allowed. [Pp. 1103 & 1104] A, B & D (ii) Revisional jurisdiction-- ----Scope of--Interference in revisional jurisdiction in concurrent finding of fact even if erroneous on a question of fact or mixed question of law and facts through reappraisal of evidence is beyond the scope of Supreme Court. Judgment Muhammad Nawaz Abbasi, J.--This direct appeal under Article 185 (2) (d) of the Constitution of Islamic Republic of Pakistan has been preferred against the judgment dated 8.12.2003 passed by the Lahore High Court, Lahore, in Civil Revision No. 372 of 2000 whereby the concurrent findings of two Courts on the question of performance of talabs in a suit for pre-emption, have been reversed and the decree passed in the suit has been set aside. 2. The essential facts leading to the filing of instant appeal are that Nadar Khan, respondent herein, filed a suit for pre-emption against the petitioner in respect of sale of land measuring 10 kanals 15 marlas situated in seeray Tehsil Phalia district Mandi Bahauddin, which took place on 13.12.1994. The pre-emptor, as per averments of the plaint, claimed that he having come to know about the sale at 7 p.m. on 20.2.1995 through…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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