Law: Punjab Pre-emption Act (I of 1913)

Section: 3(5) , 4 , 15 , 115

Punjab Pre-emption Act (I of 1913)-- ---Ss.3(5), 4 & 15---Civil Procedure Code (V of 1908), S.115---Revisional jurisdiction, exercise of---Finding of fact that transaction in dispute was sale and not debt recorded by Appellate Court below, based on evidence on record, held could not be interfered with by High Court in exercise of revisional jurisdiction-- Case, however, was remanded for disposal of appeal in accordance with law after recording finding with regard to plea of respondent/pre-emptor that he was co -sharer in Khata. Muhammad Khalid Alvi for Petitioner. Mirza Manzoor Ahmad for Respondent. Date of hearing: 18th October, 1989. JUDGMENT The respondents suit for possession of land through pre-emption was dismissed by the learned trial Court through judgment and decree date 17-7-1985 after holding that the transaction in question was not a sale but was a gift. The respondent assailed the judgment and decree of the learned trial Court in appeal before the learned lower appellate Court which was accepted through' the impugned judgment and decree dated 27-4-1988: The suit of the respondent has been decreed on the ground that he was collateral of the vendor and that the transaction in question was in fact a sale which was given the shape of gift in order to avoid suit to pre-empt the same. Learned counsel for the petitioner argued that no decree according to the pronouncement of Supreme Court in Sardar Ali's case on the ground of collateral ship could be passed in favour of the plaintiff after 31-7-1986 therefore, the impugned judgment and decree passed by the learned lower appellate Court on the said basis on 27-4-1988 is nullity in the eye of law. There is no cavil with proposition of law which was also candidly conceded by the learned counsel for the respondent. Learned counsel for respondent further argued that in addition to ground of collateralship the respondent also claimed right of pre-emption on the ground of co-sharership in khata. I have examined the plaint certified copy of which has been appended with this revision petition and find that such a plea was raised. Learned lower appellate Court has not recorded any findings qua the said…