Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--S. 7---Constitution of Pakistan (1973), Art.185(3)---Urban property---Leave to appeal was granted to examine the contention that evidence led by the plaintiff was sufficient to prove the essential ingredients of the custom, hence the first Appellate Court and the High Court erred in law in upsetting the finding of the Trial Court pertaining to the issue `whether the custom of pre-emption prevailed in the locality wherein the disputed house was situated'. (b) Constitution of Pakistan (1973)--- ----Art. 185---Appeal to Supreme Court---Concurrent findings of fact by Courts below---When the case was not either of misreading or non-reading of evidence, Supreme Court would not set aside the concurrent findings of fact rendered by the two higher Courts as compared to Trial Court. (c) Punjab Pre-emption Act (I of 1913)--- ----S. 16---Pre-emption suit---Not always necessary that a son when filing a suit for pre-emption would be doing either in collusion with the father/vendor or for the benefit of a person other than the pre-emptor as that depended upon the circumstances of each case. JUDGMENT MUHAMMAD AFZAL ZULLAH, C.J.--This appeal through leave of the Court is directed against the dismissal of appellant's Regular Second Appeal by the High Court. Leave to appeal was granted as follows----- "Abdul Majeed filed a suit for possession through pre-emption in the Court of Senior Civil Judge, Multan. It was contested. Issues framed. On 4-2-1978 the suit was dismissed. On appeal, the District Judge upset the judgment of the trial Court and decreed the suit. This led to the filing of a regular second appeal. That was dismissed by judgment dated 3-5-1989. Altaf Hussain now seeks leave to appeal against the aforesaid judgment of the Lahore High Court Multan Bench. The dispute pertains to House No.339, Ward No.8-M, Gujjar Khadda, Mauza Taraf Ismail. Learned counsel contended, inter alia, that the evidence led by the respondent-plaintiff was not sufficient to prove the essential ingredients of the custom. Hence the first Appellate Court and the High Court erred in law in upsetting the finding of the trial Court pertaining to issue No.7,…

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