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Petitioner: NAURANG and 4 others VS Respondent: BAGH ALI
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: NAURANG and 4 others vs BAGH ALI Case No.: Civil Petition for Special Leave to Appeal No,557 of 1981 Date of Judgment:1988-05-04 Reported As: 1989 SCMR 1171 Result: Petition dismissed
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--This petition by pre-emptor is directed against a Judgment of the Lahore High Court; whereby responient/Vendee's Regular Second Appeal was allowed. 2. The learned Trial Court accepted the respondent/vendee's plea that the transaction in question was that of exchange, therefore, the petitioners' suit was dismissed. His appeal was allowed by the District Court. It was held that the transaction was of sale, the trial Court's judgment was reversed and a decree for pre-emption was passed. The vendee then filed the Regular Second Appeal, whereupon the finding by the lower appellate Court that the transaction was one of sale was reversed and the finding that it was one of exchange rendered by the trial Court was restored with the result that the High Court dismissed the petitioners' suit for pre-emption. 3. In seeking leave to appeal, no such point has been urged on behalf of the petitioners, which could justify interference by this Court either on point of law or fact. This petition is, therefore, dismissed.