Law: Constitution of Pakistan, 1973

Section: 185(3)

Pre-emption--Right of--Concurrent finding regarding contiguity of specified Khasra numbers with suit property stood clearly established--No justification to set aside such concurrent finding of fact--No error having been committed, either of law or fact, leave to appeal was refused--Constitution of Pakistan (1973), Art. 185(3). Safirullah Khan, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record (absent) for Petitioner. Aman Khan, Advocate Supreme Court and Nur Ahmad Khan, Advocate-on-Record for Respondents Nos. 1 to 8. Date of hearing: 15th October, 1988. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a vendee side in pre-emption suit, against the dismissal by the High Court of petitioner's Civil Revision, against the pre-emption decree passed in respondents' favour on ground of contiguity. Learned Counsel has attacked the impugned judgment both on question of findings of fact regarding contiguity, as also the legal question whether the plaintiff had the right of pre-emption on the basis that he was a co-sharer in the particular land found contiguous to the suit land. The learned Judge in the High Court while dealing with the question of contiguity observed as follows:-- "After remand of the case by this Court, the learned Additional District judge, Peshawar recorded (lie evidence of Patwari Halqa who placed on the 'Aks Shajra Kishtwar' showing Khasra Nos. 134, 129 and 135 situate contiguous to Khasra No. 78 `Khatta' and so Khasra No. 154 was shown contiguous to Khasra No.150, another `Khatta'. Plaintiff-respondents were shown in Jamabandi as owners in the above `Khattas' `Shamilat' land. On that basis plaintiff-respondents were to prove themselves as contiguous owners of the suit land. Since the learned Additional District Judge, the appellate Court has not specifically mentioned and referred to in his judgment that Patwari Halqa has placed on file `Aks Shajra Kishtwar' and Jamabandis before him, which were proving the plaintiff respondents as contiguous owners of the suit land, as such the learned counsel for the defendant-petitioner ways mistaken that the evidence of the trial Court was not establishing the…

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