| Citation(s) |
|---|
| 1987 SLG 491 1987 SLD 491 1987 SCMR 1349 |
Supreme Court of Pakistan
Civil Appeal No.169 of 1979, decided on 25th March, 1987. (From the Judgment and Order of the Peshawar High Court, dated 2061979 passed in Civil Revision No.191 of 1976).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR REHMAN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Maulvi Siraj-ul-Haq, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record with S. Riaz Ahmad Pirzada for Appellant. Fida Muhammad, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record (absent) for
Respondents.
Civil Appeal No.169 of 1979, decided on 25th March, 1987. (From the Judgment and Order of the Peshawar High Court, dated 2061979 passed in Civil Revision No.191 of 1976).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR REHMAN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Maulvi Siraj-ul-Haq, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record with S. Riaz Ahmad Pirzada for Appellant. Fida Muhammad, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record (absent) for
Respondents.
NAWAB
VS
SHER BAHADUR and another
Law:
Section:
(a) Civil Procedure Code (V of 1908)---------S. 115--Constitution of Pakistan (1973), Art. 185(3)--Revisional jurisdiction--Concurrent finding of fact--Interference with--Leave to appeal granted to consider question as to whether High Court, in revision could disturb concurrent finding of fact on an appreciation of oral evidence which was, in itself, inconclusive. (b) Civil Procedure Code (V of 1908)-- ---S. 115--North-West Frontier Province Pre-emption Act (XIV of 1950), S. 12--Revisional jurisdiction--Concurrent finding of fact-Interference with-- Co-sharers' right of pre-emption- -Respondent's suit claiming superior right as co-sharer dismissed by trial Court--Finding upheld in appeal but reversed in revision--Supreme Court, after examination of record, found that there was no proof on record nor any cogent evidence had been led to prove that sale in favour of respondent had taken place earlier--Respondent having failed to establish his superior right of pre-emption, impugned order of High Court upsetting concurrent findings of fact not being sustainable was set aside and appeal allowed. JUDGMENT ALI HUSSAIN QAZILBASH, J.--This is an appeal filed by Nawab against the judgment of a learned Single Judge of the Peshawar High Court, dated 20-6-1979, whereby a revision of Sher Bahadur plaintiff (now respondent No. l) against the judgments of the learned Civil Judge, Haripur, dated 20-9-1975, and that of the appellate Court dated 3-2-1976, was accepted and the suit of respondent No. l was decreed. 2. The relevant facts are that land measuring 29 Kanals 16 Marlas bearing Khasra No.461, situate in village Khoi Darra, Tehsil Haripur, was owned by Noor Muhammad and his brother Dost Muhammad in equal shares. Noor Muhammad sold his share to Sher Bahadur, respondent No. l, through mutation No.391 attested 28-12-1978. His brother Dost Muhammad also sold his share to Amir Khan, defendant respondent No.2 vide mutation No. 412 attested on 28-12-1973. On 27-3-1974 Amir Khan sold his 1/16th share to Nawab appellant vide mutation No.430. Sher Bahadur respondent No.l pre-empted the sale effected through mutation No.412 attested on 28-12-1973 claiming superior right of…
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