Law:

Section:

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 30th April 1965, read with the order dated the 28th May 1965, in C. A. No. 25/18 of 1959 and C. M. No. 35 of 1965).   Pre-emption- Whether impugned transaction was a sale or a gift-Essentially a question of fact-Finding on such question concurrently reached by first Court of appeal and the High Court and based on careful appraisal of entire evidence-Held, did not merit interference by Supreme Court. Date of hearing : 24th March 1970. JUDGMENT SAJJAD AHMAD, J.-This appeal, by special leave, arises out of a pre-emption suit which was decreed by the trial Court but dismissed, on appeal, by the Additional District Judge, Peshawar. In a further appeal to the High Court of West Pakistan, Peshawar Seat, a learned Single Judge upheld the judgment of the lower appellate Court. The transaction which was sought to be pre-empted was alleged to be a sale by the appellant who was the plaintiff-pre emptor in the suit. The respondents, Dr. Lal Faqir Khan and his minor son, Akbar Khan, contended that it was a gift and as such not pre-emptible The transaction in question was made through a mutation bearing No. 4531 which was attested on the 18th of March 1954, whereby the land comprised in Khasra No. 2941 measuring 6 kanals and 11 marlas situated in the estate of Shabqadar was transferred by its owners, namely, Haji Muhammad Akram Khan and Mukarram Khan, by way of tamligh to the respondents aforesaid. This mutation was initially entered at the instance of the respondent Dr. Lal Faqir Khan on the 2nd of March 1954, as a sale mutation in favour of himself, his minor son, Akbar Khan and his mother Mst. Margho Bibi, in lieu of Rs. 2,500 as the purchase value. Entries in the remarks column Nos. 10 and 13 of the aforesaid mutation were made by the Patwari to that effect. However, as described in the mutation order, when the owners, i.e. Haji Muhammad Akram Khan and Mukarram Khan appeared before the attestation officer, D. W. Amir Sarwar Khan, they denied that it was a sale transaction but admitted having given the land under the mutation by way of tamligh to the…