Law:

Section:

Constitution of Pakistan (1973) Art. 199 Writ jurisdiction Transaction whether sale or exchange A question of fact High Court, held, rightly declined to interfere with such question in absence of misreading of evidence and existence of question of law. [Question of fact]. Ch. Mohammad Hasan, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate on Record for Petitioners. Nemo for Respondents. Date of hearing: 19th March, 1980. ORDER NASIM HASAN SHAH, J. Respondents Nos. 1 and 2 transferred 3 kanals and 19 marlas of agricultural land to Abdul Ghafoor and Ghulam Haider, respondents Nos. 1, 3 and 4, describing this transaction to be an exchange with their land measuring 5 kanals, 14 marlas. The petitioner contending that this transaction was in reality a sale, but disguised as an exchange, brought a suit for possession for the above mentioned 3 kanals, 19 marlas of land claiming superior right of pre emption. This suit was resisted by Abdul Ghafoor and Ghulam Haider, respondents Nos. 3 and 4, acid the main issue was whether the transaction was a sale or an exchange. The learned trial Judge decreed the suit of the petitioner holding that the transaction in dispute was, in fact, a sale and that the petitioner had a superior right to pre emption. This finding was challenged by respondents Nos. 3 and 4 in an appeal before the District Judge on the ground that the transaction in dispute was not a sale and in fact, was an exchange. The learned District Judge vide his judgment dated 3rd…

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