Law: Civil Procedure (Special Provisions) Ordinance, 1968

Section:

Law: Constitution of Pakistan, 1973

Section:

JUDGMENT

ZAKAULLAH LODHI, ACTG. C. J.-Respondents Nos. 5 to 8 (hereinafter described as contesting respondents) allegedly purchased some agricultural land, adequately described in the plaint, and this transaction was mutated in the revenue records as an exchange. The petitioner who owned adjoining land, in order to assert his right of pre-emption filed a suit in the Court of Assistant Commissioner, Sibi who tried the case under Civil Procedure (Special Provisions) Ordinance, 1968 (hereinafter referred to as the Ordinance). Among others it was stated in the plaint that the transaction was in fact in the nature of sale but to defeat his right of pre-emption it was termed to be an exchange. He also asserted to have made necessary "Talabs" before filing the suit. In their written statement the contesting respondents did not deny the transaction but asserted that it was an exchange, therefore, right to pre-empt the disputed land did not accrue to the petitioner. The Assistant Commissioner, Sibi after collecting the pleadings referred the case to the Tribunal on 22nd September, 1973 and also framed the following issues :-