Law:

Section:

Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Civil Procedure Code (V of 1908), S.115---Right of pre-emption, exercise of--Talb-i-Muwathibat---Maghrab Wela time---Scope---Concurrent findings of fact by the courts below---Revisional jurisdiction of High Court---Reappraisal of evidence---Mixed question of law and facts---Pre-emptor .stated in plaint that he made Talb-i-Muwathibat at about 7 PM while in evidence his witnesses stated that it was "Maghrab Wela", when Talb-i-Muwathibat was made by him---High Court in exercise of revisional jurisdiction set aside the concurrent judgments and decrees passed by two court below in favour of pre-emptor and dismissed the suit---Validity---Mere fact that in plaint instead of giving time of making Talb-i-Muwathibat "Maghrab Wela" it was mentioned 7 PM, would not be sufficient to negate the claim of pre-emptor of making jumping demand for exercise of right of pre­emption---"Maghrab Wela" in general terms was not confined only to Maghrab prayer time, rather it continued till start of "Isha Wela"---Difference of time pointed out by High Court was of no significance to non-suit the pre-emptor---High Court having misread the evidence, had reversed co-current finding of two courts on question of performance of Talb-i-Muwathibat in revisional jurisdiction---Interference in revisional jurisdiction in concurrent findings of fact even if erroneous, on a question of tact or mixed question of law and facts through reappraisal of evidence was beyond the scope of such jurisdiction---High Court having misconceived the factual position regarding time of performance of Talb­i-Muwathibat, and travelling on wrong premises had drawn conclusion contrary to law and facts of the case---High. Court was not correct in reversing concurrent findings of two courts on mixed question of law and fact in revisional jurisdiction through reappraisal of evidence---Supreme Court set aside the judgment and decree passed by High Court and restored that of Trial Court---Appeal was allowed. JUDGMENT MUHAMMAD NAWAZ ABBASI, J. --- This direct appeal under Article 185(2)(d) of the Constitution of Islamic Republic of Pakistan has been preferred against the…

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