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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD FAZAL VS Respondent: KAURA through Legal Heirs, and others
Court Name: Supreme Court of Pakistan Judge(s): Fazal Ilahi Khan, Manzoor Hussain Sial Title: MUHAMMAD FAZAL vs KAURA through Legal Heirs, and others Case No.: Civil Petition No, 310 of 1993 R.SA. No, 357 of 1976 Date of Judgment:1993-11-07 Reported As: 1994 SCMR 1783 Result: Leave granted
Judgment ORDER ' FAZAL ILAHI KHAN, J.---Sale of land measuring 96 Kanals in favour of Kaura respondent through Mutation No, 14 attested on 21-11-1973 was pre-empted by the petitioner in Suit No, 233 of 1974 instituted in the Court of Civil Judge, Rahimyarkhan. ' The suit was contested by the defendants/vendees on the ground that plaintiff had waived his right of pre-emption and that the defendant/vendee had first right of pre-emption being the sitting tenant of the land sold before the same made in his favour. The learned trial Court decided both the issues in favour of the plaintiff/petitioner and decreed the suit on payment of the sale consideration entered in the mutation. It was found that the entries in the Khasra Girdawari wherein part of the suit land was shown in possession of the respondent/vendees could not be relied upon in absence of any other cogent evidence. Appeal against the same was dismissed but the learned High Court vide impugned judgment set aside the concurrent findings of the Courts below in revisional jurisdiction and dismissed the plaintiff's suit. Leave is granted to consider the contention of the learned counsel for the petitioner that; firstly, whether the learned High Court was justified in setting aside the concurrent findings of the Courts below, and secondly, whether the solitary entry in the Khasra Girdawari wherein respondent/vendees' are entered in possession of a part of the suit property, could have been relied upon in absence of any other evidence.