Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 115 & O.XLI, R.22---Revision petition challenging findings of Trial Court upon issues not challenged before Appellate Court in appeal or by way of cross-objections---Validity---Findings of Trial Court upon such issues would become conclusive qua petitioner and could not be challenged in revisional jurisdiction---Principles. (b) Punjab Pre-emption Act (IX of 1991)--- ---S. 5---Sale or exchange---Determination of the nature of transaction---Conversion of sale transaction into exchange deed---Admission of vendee as witness regarding such conversion---Attesting witness of agreement to sell also supported pre-emptor's plea that exchange deed had been executed merely to avoid right of pre-emption--Actual transaction, held, was that of sale. Muhammad Afzal Khan and another v. Muhammad Latif and another 1995 CLC 1951; Muhammad Aslam and 2 others v. Syed Muhammad Azim Shah and 3 others 1996 SCMR 1862; Government of N.-W.F.P. through Chief Secretary and another v. Muhammad Zaman and others 1996 SCMR 1864; Muhammad Hussain and others v. Muhammad Gulzar PLD 2001 Lah. 390; Ilamuddin through Legal Heirs v. Syed Sarfraz Hussain through Legal Heirs and 5 others 1999 CLC 312; Muhammad Hassan v. Dharamdas and others 2000 YLR 637; Muhammad Munir and others v. Hafiz Muhammad Rafique and others 2004 SCMR 1551 and Muhammad Siddique and another v. Sajawal Khan and another 2001 SCMR 302 ref. (c) Punjab Pre-emption Act (IX of 1991)--- ----S. 27---Qanun-e-Shahadat (10 of 1984), Arts.102 & 103---Determination of price---Price of land finding mention in registered agreement to sell---Effect. Marginal witness though supporting transaction of sale and execution of agreement, but his statement as against sale price mentioned in agreement to sell would not be accepted. Rana Nasrullah Khan for Petitioner. Shaukat Hussain Khan Baluch for Respondents. Date of hearing: 17th March, 2005. JUDGMENT TANVIR BASHIR ANSARI, J.---Briefly the facts are that respondents Nos.3 to 7 were the owners of land measuring 52 Kanals, 11 Marlas situate within the revenue estate of Village Adamkey Tehsil Daska District Sialkot. They ostensibly executed a…

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