Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--- ----S.21---Civil Procedure Code (V of 1908), 5.115---Revisional jurisdiction, exercise of ---Pre-emptor had pleaded that sale price of land in dispute as claimed to have been paid by vendee to vendor was fictitiously mentioned by vendee with a view to defeating his pre-emption rights and that price actually paid by vendee was. much less---Courts below concurrently accepted plea of pre-emptor and decreed suit on amount as claimed by him to have been actually paid by vendee ---Whether or not sale price as claimed by vendee was actually paid or fixed in good faith, was a question of fact on which Courts below concurrently recorded findings---No misreading or non-reading of evidence or any other defect warranting interference with the finding halving been pointed out, concurrent findings of Courts below, could not be interfered with by High Court in exercise of revisional jurisdiction. (b) Civil Procedure Code (V of 1908)-- ----S. 115---No misreading or non-reading of evidence or any other defect warranting interference with the finding having been pointed out, concurrent findings of Courts below, could not be interfered with by High Court in exercise of revisional jurisdiction. JUDGMENT This civil revision has .arisen out of a suit brought by the respondents, Sher Muhammad and others against one Ali Bakhsh, for possession of certain land through pre-emption. The land was purchased by Ali Bakhsh by means of oral sale which was followed by mutation. In the mutation the sale price was mentioned as Rs.40,200. It was, however, pleaded by the respondents that the sale had, in fact, taken place for Rs.4,200 but the sale price was fictitiously mentioned as Rs.40,200, in the mutation, with a view to defeat pre-emptive rights. The suit was resisted, inter alia, on the grounds that it was time-barred and that the sale price of Rs.40,200 had not been actually paid. Plea of the respondents relating to sale price found favour with the Civil Judge who decided the suit. He did not find the suit time-barred. Resultantly, it was decreed by him on payment of Rs.4,200. It appears that Ali Bakhsh died after the decision of the suit, therefore,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492