| Citation(s) |
|---|
| 2007 SLG 1477 2007 SLD 1477 2007 SCMR 1763 |
Supreme Court of Pakistan
Civil Appeal No.1368 of 2001, decision dated: 6-03-2007
SARDAR MUHAMMAD RAZA KHAN AND RAJA FAYYAZ AHMAD, JJ
Arshad Ali Ch., Advocate Supreme Court for Appellant. Gul Zarin Kiyani, Advocate Supreme Court for
Respondents
Civil Appeal No.1368 of 2001, decision dated: 6-03-2007
SARDAR MUHAMMAD RAZA KHAN AND RAJA FAYYAZ AHMAD, JJ
Arshad Ali Ch., Advocate Supreme Court for Appellant. Gul Zarin Kiyani, Advocate Supreme Court for
Respondents
MUHAMMAD SHARIF
VS
MUHAMMAD SIDDIQUE and others
Law:
Section:
Punjab Pre-emption Act (IX of 1991)--- ----Ss. 13 & 23---Civil Procedure Code (V of 1908), S.115---Constitution of Pakistan (1973), Art.185---Suit for possession through pre-emption---Nature 2nd character of suit property---Concurrent findings. of facts by Courts below---Interference by High Court in such findings---Scope---High Court, in revision, had examined, scanned and scrutinized each material piece of evidence in relation to the issue in which parties were at contest and had drawn a definite conclusion for reasons based upon the evidence to hold that a Bhat Tandoor was being run in the premises and a portion the Kotha was being used for the. purpose of storage of goods and items etc. of Bhat Tandoor; whereas use of said premises for any other purpose was wanting in the evidence---contents of the sale deed, the plaint, the title/caption contents of the suit and all the material, pieces of evidence had been taken notice of in the impugned judgment of the High Court and dealt with in their true perspective by reappraising the evidence on the said point, not considered, construed and appraised in their true perspective by the Courts below in their concurrent findings of facts---Judgment of High Court was not open to any exception in the light of well established principles laid down by the Supreme Court justifying interference into concurrent findings of facts---Judgment of High Court did not suffer from any impropriety, infirmity legal or factual to call for any interference by the Supreme Court---Appeal against the judgment of High Court being without any merit was dismissed. JUDGMENT RAJA FAYYAZ AHMAD, J. --- This appeal with the leave of this Court granted on 3-7-2001 has been directed against the judgment dated 10-5-1999 passed by the learned single Judge in Chambers of the Lahore High Court, Lahore, whereby Civil Revision No.578 of 1985 preferred by -Respondent No.1 was accepted and the impugned judgments/decrees of the learned Courts below were set aside and. the suit for pre-emption filed by the appellant was dismissed. 2. The precise relevant facts of the case are that the appellant instituted suit for possession through pre-emption of laudβ¦
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