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Petitioner: Sheikh RIAZ AHMAD VS Respondent: MUHAMMAD SAEED AKHTAR And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain, Shafi-ur-Rehman Title: Sheikh RIAZ AHMAD vs MUHAMMAD SAEED AKHTAR And Other Case No.: Civil Petition No. 1326 of 1983 Date of Judgment:1985-04-19 Reported As: 1985 SCMR 1704 Result: Leave refused
Judgment ORDER NASIM HASAN SHAH, J.--The question involved in this pre-emption matter was whether the disputed transaction was a sale or an exchange? The learned trial Court held that it was an exchange but the learned Additional District Judge, on appeal, found it to be a sale and, therefore, held that it was pre-emptiable. The High Court on second appeal, has not interfered with the findings of the learned Additional District Judge. Hence this petition for leave to appeal before us. The question raised is essentially one of fact. We have heard the learned counsel for the petitioner and he has not been able- to show that the finding of the learned Additional District Judge that the transaction, in fact, was a sale and not an exchange is vitiated on account of misreading or non- reading of the relevant evidence; therefore, the High Court was justified in not interfering therewith.