Law: Specific Relief Act, 1877

Section: 9

Law: Punjab Pre-emption Act, 1991

Section: 13

Specific Relief Act, 1877 (I of 1877)-- ----S. 9--Punjab Pre-emption Act, (IX of 1991), S. 13--Suit for possession through pre-emption--Decreed--Appeal--Dismissed--Second appeal--Allowed--Sale agreement--Concurrent findings--Right of pre-emption was announced immediately by appellants--Acknowledgment receipt of notice of Talb-e-Ishhad--All PWs consistently deposed that on plaintiff received knowledge of sale of suit property and immediately announced his right of pre-emption--The respondents failed to establish that appellant possessed knowledge of sale of suit property prior to 25.04.2005--The receipt of acknowledgement of notice bore signature of respondent’s son, which established that notice was given within time and duly executed--High Court neither figured out any substantial question of law, nor appreciated evidence recorded in Trial Court, nor pointed out any formal defect in concurrent findings of lower fora to establish how it was found to be deficient or in violation of law within parameters and confines of right of second appeal--High Court neither figured out any substantial question of law, nor appreciated evidence recorded in Trial Court, nor pointed out any formal defect in concurrent findings of lower fora to establish how it was found to be deficient or in violation of law within parameters and confines of right of second appeal provided under Section 100, CPC. On contrary, reasoning set forth for upsetting or dislodging concurrent findings by High Court is based on guesswork and conjectures--The High Court cannot surrogate or substitute its own standpoint for that of first Appellate Court, unless conclusion drawn by lower fora is erroneous or defective or may lead to a miscarriage of justice, but High Court cannot set into motion a roving enquiry into facts by examining evidence afresh in order to upset findings of fact recorded by first Appellate Court--Appeal allowed. Civil Procedure Code, 1908 (V of 1908)-- ----S. 100--Second appeal--A second appeal may be preferred in High Court against a decree passed in appeal on grounds such as (a) decision being contrary to law or to some usage having force of law; (b) decision having failed to…

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