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Petitioner: MUHAMMAD AZAM VS Respondent: Mst. ZAINAB BIBI and 16 others
Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ali Shah, Saad Saood Jan Title: MUHAMMAD AZAM vs Mst. ZAINAB BIBI and 16 others Case No.:Civil Petition for Leave to Appeal No, 1007-L of 1992 R.S.As. Nos. 446 and 447
of 1968 Date of Judgment:1994-01-08 Reported As: 1994 SCMR 2043 Result: Petition dismissed Judgment ORDER ' SAAD SAOOD JAN, J.---The only question for consideration in this petition for special leave to appeal is whether the transaction by which Sahib Dad had transferred his land to the contesting respondents was one of sale or exchange. The learned trial Judge held that the transaction was one of exchange and on the basis of this finding he denied the relief of pre-emption to the petitioner. In first appeal, the Additional District Judge reversed the finding of the trial Court on the nature of the transaction and declared it to be one of sale; consequently, he decreed the suit. In second appeal, the High Court set aside the finding of the first appellate Court and restored that of the trial Court; consequently, it maintained the judgment of the trial Court. The petitioner seeks leave to appeal from this Court. 2. The question whether the transaction was one of sale or exchange is one of fact. The High Court has given its reasons for preferring the finding of the trial Court to that of the first appellate Court. We are not persuaded that the reasons given by the High Court are insubstantial. This petition is without any merit and is hereby dismissed.