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1985 SCMR 1704

Sheikh RIAZ AHMAD vs MUHAMMAD SAEED AKHTAR And Other

Citation1985 SCMR 1704
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 1326 of 1983
Date1985-04-19
Judge(s)Nasim Hasan Shah, Aslam Riaz Hussain, Shafi-ur-Rehman
ResultLeave refused

ORDER

1. 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.

2. 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.

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