Law: Civil Procedure Code (V of 1908)

Section: 100, 101

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

Section: 15

Civil Procedure Code (V of 1908) Ss. 100 & 101 read with Punjab Pre-emption Act (I of 1913), S. 15- Pre-emption-Second appeal-Finding of facts, interference with District Judge overlooking several relevant circumstances, apparent on record, while concluding transaction to be a gift and not sale Consideration of such circumstances establishing transaction to be in, fact a sale-Finding of fact arrived at by District Judge, in circum stances, held, vitiated and interference by High Court in Second Appeal quite legal.-[Finding of fact]. : Date of hearing: 15th March, 1981.                                                                                                      ORDER NASIM HASAN SHAH, J.-This petition is directed against the judgment dated 8-7-1980 passed by a learned Single Judge of the Lahore High Court in R. S. A. No. 609 of 1966. The relevant facts are that the respondents filed a suit for possession through pre-emption of land measuring about 8 kanals situate in village Chak Qada, Tehsil Chakwal, District Jhelum on the plea that respondent No. 2 had sold the land in favour of Ghazan, now deceased, and represented by his legal representatives (the petitioners herein) for a sum of Rs. 1,300, and that the respondents had superior right of pre-emption. The case of the petitioners, on the other hand, was that the transaction was not a sale, but respondent No. 2 had made a gift of the suit land in favour of the aforesaid Ghazan by a registered deed of gift dated 14-1-1964. The crucial question was, therefore, whether the impugned alienation is a sale or a gift? The trial Court found the same in favour of the respondents holding that it was a sale and decreed their suit on 11-2-1966. On first appeal by the predecessors -in-interest of the petitioners, the judgment and decree dated 11-2-1966 was set aside and the suit of the respondents dismissed. The respondents, therefore, took up the matter in a…