Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Punjab Pre-emption Act, 1913

Section: 21,30

(a) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Question of limitation---Re-appreciation of evidence---Scope---Where there was no view of the Lower Appellate Court on the question of limitation, High Court could not re-appreciate the evidence nor could come to the different conclusion in second appeal. Hakim Muhammad Buta and another v. Habib Ahmad and others PLD 1985 SC 153 distinguished. (b) Punjab Pre-emption Act (I of 1913)--- ----Ss. 21 & 30---Civil Procedure Code (V of 1908), S.100---Second appeal---Question of limitation---Reappraisal of evidence in second appeal--­Suit filed by the pre-emptor was decreed by Trial Court and decision was upheld by Lower Appellate Court---Contention raised by vendee was that the suit was filed beyond the period of limitation and any concession given to plaintiff at the lower appellate stage on the issue of limitation, did not stop the vendee to challenge same before High Court in second appeal--­Validity---Where question of limitation was not a pure question of law, no findings could be recorded on such question without adverting to the evidence on record---Findings recorded by the Trial Court on the question of limitation were consciously conceded before the Lower Appellate Court and such issue of limitation could not be re-opened in second appeal---Where findings on other issues were not agitated the s of both the Courts below did not warrant interference. Niaz Ahmad and others v. Mian Abdul Rehman and others PLD 1961 (W.P.) BJ 1 and Nazar Muhammad and another v. Mst. Shahzada Begum and another PLD 1974 SC 22 ref. Ghulam Muhammad and others v. Malik Abdul Qadir Khan and others PLD 1983 SC 68 and Manzoor Khan v. Ch. Muhammad Malik and others 1991 CLC Note 370 at p.379 rel. JUDGMENT This is an appeal against judgment dated 10-5-1980 of the learned Additional District Judge, Gujrat whereby he affirmed the judgment of the learned trial Court and dismissed the appeal filed by the appellant. It arises in the following circumstances. 2. The suit land was purchased by the appellant from Muhammad Hashim and Lal Khan through registered sale-deed dated 14-4-1975 for a sum of Rs.2,000. A suit for pre-emption…

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