Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)--Ss. 2(d), 6 & 13---Constitution of Pakistan (1973), Art. 185(3)---Suit for pre-emption ---Question as to whether transaction was sale or exchange--­Determination---Petitioners, transferred their residential plot and got ostensibly in exchange agricultural land of transferee by sanctioned mutation---Respondent assailing said transaction as a 'sale,' pre-empted transaction claiming preferential right of pre-emption ---Trial Court non-suited respondent/pre-emptor holding that pre-emptor had failed to prove that transaction which ostensibly was exchange, in fact was sale---Appellate Court declared transaction to be one of sale and of Appellate Court was upheld by High Court in revision--­Petitioners .had contended that in absence of any provision ' in Punjab Pre­emption Act, 1991 in contradistinction to Ss. 4 & 15 of Punjab Pre-emption Act, 1913 to hold a transaction; which ostensibly was of exchange. was in fact One of sale, no power was conferred on Civil Court to declare aid transaction as sale---Validity---Such contention was neither raised by petitioners in their written statement or in memorandum of appeal before Appellate Court below or in memorandum of revision before High Court---Merely because no provision existed in Punjab, Pre-emption Act, 1991 empowering Civil Court to declare a transaction as a sale which ostensibly was one of exchange, Civil Court was not debarred to determine true nature of a transaction---Plea not raised earlier in Civil Court, Appellate Court below and in High Court, could not be permitted ,, to be raised at belated stage before Supreme Court---Transaction of exchange ' was rightly declared to be one of sale in circumstances. (b) Constitution of Pakistan (1973)--­ ----Ar 185(3)---Petition for leave to appeal---Plea not raised earlier in Civil Court, Appellate Court below and in High Court, could not be permitted to be raised at belated stage before Supreme Court. ORDER MUHAMMAD BASHIR JEHANGIRI, J.---The petitioners were owner of a residential plot measuring 10 Marlas situated in village Sultanpura, Tehsil Shahpur, District Sargodha. They transferred this plot to one Bakhsha and got…

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