Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Pre-emption--Land purchased for construction of houses--Suit for pre-emption-- Decreed on basis of petitioners superior right as co-sharer--Concurrent finding of two Courts upset in revisional jurisdiction--High Court relying on its earlier decision--Supreme Court on examination of evidence on record found impugned order not open to interference--Leave to appeal refused.--[ Pre-emption]. Gul Jawar v. Nawab Khan and another P L D 1967 Pesh. 234 ref. (b) Constitution of Pakistan (1973)-----Art. 185(3)--Leave to appeal, grant of--Concurrent finding of two Courts--Upset in revisional jurisdiction--High Court placing reliance on its earlier decision in another case--Order not open to interference-­Leave refused. Gul Jawar v. Nawab Khan and another P L D 1967 Pesh. 234 ref. Maulvi Sirajul Haq, Advocate Supreme Court and M.A Siddiqui, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 21st January, 1986. ORDER MIAN BURHANUDDIN KHAN, J.--Mazharul Haq petitioner instituted a suit for possession by pre-emption of land measuring 5 Kanals and 11 Marlas claiming superior right i.e. being co-sharer in the suit land. The suit was contested by the respondents. The learned trial Court decreed the suit of the petitioner. Respondents filed an appeal before the learned District Judge which failed. Respondents then filed revision before the High Court which was allowed, vide the impugned judgment, dated 10-4-1985, setting aside the judgments of both the Courts below. 2. The only question raised before us by the learned counsel for the petitioner is that the concurrent finding of the two Courts below should not have been upset in revision by the learned High Court without any legal flaw. The learned Judge had omitted from consideration that respondent No.3 is a minor who had his own parents and family; that there was no evidence worth the name nor any indication whatsoever that he or his parents gave up their residence in Waziristan the respondents guardian ad litem, in course of his service, could have moved from place to place. In his statement he did not even mention that he had shifted his residence from…

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