Case Details

Citation(s)
1992 SLG 638 1992 SLD 638 1992 CLC 447
Lahore High Court
Civil Revision No. 1092 of 1986, decided on 30th May, 1989
MUNIR A. SHAIKH, J
Rana Abdur Rahim Khan for Petitioners. Sh. Maqbool Ahmad for
Respondents

MUHAMMAD YAQOOB and others

VS

BASHIR AHMAD and others

Law:

Section:

Punjab Pre-emption Act (I of 1913)--- ----S. 15---Civil Procedure Code (V of 1908), S. 115---Plaintiffs suit for pre­emption was dismissed on ground that transaction in question, was a gift and not a sale---Appellate Court set aside this finding and remanded case for trial on merits through dated 27-3-1986---Validity---Defendant's plea was that at no stage of proceedings in suit a decree having been passed in favour of plaintiff, no decree could be passed and therefore order of remand was liable to be set aside and decree of Trial Court for dismissal of suit be restored---No such contention could be entertained in revisional jurisdiction---Petitioner, however, could raise such contention before Trial Court, which if raised would be diposed of by Trial Court in accordance with law---No material irregularity and illegality having been shown to have been committed by lower Appellate Court in exercise of its jurisdiction, revision was not competent. JUDGMENT This revision petition has arisen from suit for possession of land through pre-emption. The respondents/plaintiffs claimed right of pre-emption on the ground that they were owners of the estate. The suit was dismissed by the learned trial Court through judgment and decree by holding that the transaction in question was a gift and not a sale. This finding was set aside by the learned lower appellate Court on the…
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