Case Details

Citation(s)
2004 SLG 3064 = 2004 SLD 3064 = 2004 PLJ 1569
Lahore High Court
C.R. No. 1877 of 2003, heard on 8.4.2004
Presented By: MIAN HAMID FAROOQ, J.
Malik Waqar Saleem, Advocate for Petitioners. Ch. Abdul Ghaffar, Advocate for
Respondents.

ABDUL KHALIQ and 3 others-Petitioners

VERSUS

MUHAMMAD MALIK and 3 others-Respondents

Law: Punjab Pre-emption Act, 1991

Section: 13(3)

. (i) Punjab Pre-emption Act, 1991 (IX of 1991) S. 13(3)-Suit for possession through pre-emption-Judgment and decree set aside in first appeal-Challenge to-Appreciation of evidence- Contention-Documentary evidence had not been conside*red~Held: Contention was misconceived and ill founded-First Appellate Court did not only take into consideration documentary evidence on record but also notice relevant law on subject at last rightly concluded that petitioner had not made necessary demands in accordance with law such reasoned judgment warrants no interference with by High Court-Revision dismissed.                                                                       [P. 1571] A&B (ii) Punjab Pre-emption Act, 1991 (IX of 1991)-- —S. 13(3)-Possession through Pre-emption-Suit decreed-Appeal accepted-­Challenge to-Contention-Reappraised evidence-First Appellate Court wrongly reversed findings of trial Court-Held: After examination of judgments of Courts below, it was found that impugned judgment of ADJ was well reasoned as compared to judgment of trial Court-Impugned judgment was neither contrary to evidence on record nor in violation of principle of administration of justice but legal, unexceptionable and apt to facts and circumstances of case-First Appellate Court had rightly reversed findings and no reason to exercise revisional jurisdiction of Court-Impugned judgment is maintained-Revision dismissed. [Pp. 1572 & 1573] C, D, E & F PLD 1996 Kar. 202 and 1999 CLC 313, ref. Date of hearing : 8.4.2004.                                                                                        …
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