Case Details

Citation(s)
1988 SLG 2723 1988 SLD 2723 1988 SCMR 1655
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeals Nos.1112 to 1114 of 1985, decided on 7th June, 1988. (On appeal from the judgment and order of the Lahore High Court, Lahore Dated 2-11-1985 in Civil Revisions Nos.1132-1134 of 1981). Date of hearing: 7th Ju
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD JAN, ,J

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MUHAMMAD HABIB and others

VS

Major IKRAMUL HAQ and others--Respondents

Law: Punjab Pre-emption Act, 1913

Section: 21

Law: Civil Procedure Code (V of 1908)

Section: 115

Punjab Pre-emption Act (I of 1913)--   ---S.21--Civil Procedure Code (V of 1908), S.115--Revisional juris­diction--Finding of fact, interference with--Pre-emption matter-­Question arising whether transaction was one of sale or gift--Finding of trial Court on the nature of transaction reversed in appeal by District Judge after examination of entire evidence together with attending circumstances--Such finding not suffering from any infirmity--High Court was justified in declining to interfere with it as it was purely on a question of fact. ORDER SAAD SAOOD JAN, J.--These three petitions for special leave arise out of three pre-emption suits and the sole question for consideration is whether the vendees had become owners in the estate by virtue of a gift executed in their favour prior to the institution of the suits by one Hashmat Ali. The case of the petitioners was that the said transaction was one of sale and not of gift. The trial Court accepted…
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