Law:

Section:

(a) Evidence--- Inference from evidence- --Court has discretion to raise inference from evidence produced by the parties---Exercise of such discretion is always subject to correction by the higher Court in appeal or revision as the case may be. (b) Punjab Pre-emption Act (IX of 1991)--- ----S.13---Constitution of Pakistan (1973), Art.185(3)---Right of pre¬emption, exercise of---Evidence on file---Inference drawn by Courts---Pre-emptor in examination-in-chief had stated that he came to know about the disputed sale on 18-10-1991and had sent witnesses to the vendee on 10-10-1991---Trial Court as well as Appellate Court dismissed the suit and appeal respectively on the ground that the pre-emptor had the knowledge about the sale on 10-10-1991---High Court in exercise of revisional jurisdiction reversed the findings of both the Courts below on the ground that the date 10-10-1991, was either slip of tongue or was wrongly recorded because the remaining evidence was consistent with the fact that the witnesses had gone to the vendee on the next day when he acquired the knowledge of the sale---High Court after drawing such inference in favour of the pre-emptor, decreed the suit ---Validity--¬Courts below raised inferences from the part of the statement of the pre¬emptor that he came to know about the sale on 10-10-1991 in isolation of other facts which was no proper exercise of discretion as to raising of inferences---High Court had rightly held that from the evidence if read as a whole, it was made out that the sentence either had not been correctly recorded in the statement of pre-emptor or there was a mistake in mentioning the date as 10-10-1991---Inferences drawn by the two Courts, below were rightly interfered with on finding the same to have been" based on non-consideration of the evidence as a whole which were in accordance with law and did not suffer from any legal infirmity-Supreme Court declined to interfere with the passed by High Court---Leave to appeal was refused. (c) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Constitution of Pakistan (1973), Art.185(3)---Pre-emption suit---Improvement on suit land---Appeal against of Trial Court…

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