| Citation(s) |
|---|
| 2006 SLG 2414 2006 SLD 2414 2006 SCMR 185 |
Supreme Court of Pakistan
Civil Petition No.3344 of 2003, decision dated: 7-10-2005
JAVED IQBAL AND HAMID ALI MIRZA, JJ
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Civil Petition No.3344 of 2003, decision dated: 7-10-2005
JAVED IQBAL AND HAMID ALI MIRZA, JJ
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MUHAMMAD AMIR through L.Rs.s
VS
MUHAMMAD SHER and others
Law:
Section:
(a) Punjab Pre-emption Act (IX of 1991)-------S. 13---Constitution of Pakistan (1973), Art.185(3)---Right of pre-emption, exercise of---Concurrent findings of fact by the Courts below---Suit filed by pre-emptor, was dismissed by Trial Court and was maintained by Appellate Court as well as by High Court---Validity---Concurrent findings of facts recorded by the Courts below could not be reversed without any lawful justification, which was lacking in the present case---Witnesses of pre-emptor did not even support his claim and he failed to prove Talb-i-Muwathibat by producing any cogent and concrete evidence---Evidence led by pre-emptor was contrary to the version of pre-emptor ---Judgment passed by High Court was well based and did not warrant interference by Supreme Court---Leave to appeal . was refused. Anwar Zaman and 5 others v. Bahadur Sher and others 2000 SCMR 431; Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291 and Muhammad Rashid Ahmed v. Muhammad Siddique PLD 2002 SC 293 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XX, R.5---Judgment---Non-giving of issue-wise findings---Effect---Judgment which deals with all points raised, fulfils the requirements of law even though it may not have discussed each issue separately cannot be termed as `illegal or ab initio void'. Umar Din v. Ghazanfar Ali 1991 SCMR 1816 rel. Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 7th October, 2005. JUDGMENT JAVED IQBAL, J.--- This petition for leave to appeal is directed against the order, dated 16-10-2003 whereby revision petition preferred on behalf of petitioner has been dismissed and the judgment of learned Additional District Judge dated 1-10-2003 has been kept intact. 2. Precisely stated the facts of the case are that "Muhammad Amir the predecessor-in-interest of the present petitioners, filed a suit for possession through pre-emption, against the respondents, qua the land measuring 129 Kanals, 16 Marlas, asserting therein; that the respondents purchased the land through mutation dated 24-1-1995 and got entered an ostensible sale price of Rs.1,95,000 as against the actual sale consideration of Rs. 1,50,000. Itβ¦
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