Law: Civil Procedure Code (V of 1908)

Section: 100

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, dated the 27th February 1970, in Civil Revision No. 146 of 1963).   Civil Procedure Code (V of 1908),---- ---- S. 100-Benami-Finding on question of, by Courts below, based on no evidence-High Court, held, justified in interfering with finding in second appeal. Date of hearing : 3rd April 1970. ORDER WAHIDDUDIN AHMAD, J.-The dispute between the parties is in respect of agricultural land measuring 12 kanals and 10 marlas situated in the area Wardag, Tehsil and District Attock, which was purchased by the petitioners from one Hayat Khan son of Taus Khan for Rs. 17,000 under a registered sale deed dated the 17th September 1960. Two civil suits for pre-emption were instituted. One by Fazaldad and the other by Mst. Hassan Farooq, each claiming superior right on the basis of relationship with the vendor and on the allegation that the sale consideration was Rs. 8,000. Mst. Hassan Farooq withdrew her suit on the 14th April 1962, which was dismissed. Thereupon, the suit of Fazal Dad alone was proceeded with. The learned Civil Judge, Campbellpur, by judgment dated the 19th May 1962, held that the respondents had a superior right of pre-emption, that the actual payment of Rs. 17,000 has been proved. He further held that the suit was benami for the benefit of the vendor. In appeal, the learned Additional District Judge, by order dated the 9th February 1963, upheld the finding of the trial Court on issue No. 2. He further held that the respondents had no superior right of pre emption. This decision was challenged in the High Court of West Pakistan, Peshawar Bench, in Civil Revision No. 146 of 1963. A learned Single Judge of the High Court held that respondent Fazaldad was a collateral of the vendor and, therefore, had a superior right of pre-emption. He further…