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1987 SCMR 2057

NOOR MUHAMMAD And 7 Others vs Haji SHAHAMAND And 3 Other

Citation1987 SCMR 2057
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.537 of 1987 C.R. No.1095/D of 1987
Date1987-08-03
Judge(s)Shafi-ur-Rehman, Saad Saood Jan
ResultLeave refused

ORDER

SAAD SAOOD JAN, J-.--This petition for Special Leave to Appeal arises out of a pre-emption suit brought by the respondents. The Trial Court decreed the suit and its judgment was upheld by the District Judge and the High Court.

2. In support of this petition two contentions have been raised. One relates to limitation. It is not disputed that if the date of attestation of the mutation is taken as the starting point for limitation the suit brought by the respondents would be within time. The petitioners case is that they had taken over possession of the property in dispute long before the attestation of the mutation and if the date of taking over the possession was regarded as the terminus a quo for limitation, the suit was out of time. On this point, the trial Court and the first appellate Court have found that there was no reliable evidence to support the assertion of the petitioners that they had taken over possession under the sale prior to the attestation of the mutation. Learned counsel for the petitioners has not been able to show us that their finding suffers from any infirmity. The High Court very properly declined to interfere with this finding.

3. The second contention of the petitioners is that the Courts below have erred in computing the price at which the pre-emptors should have been permitted to acquire the land in dispute. This controversy too relates to a question of fact. The concurrent finding of the subordinate Courts on this question is against the petitioners and the High Court has after examining the evidence upheld it. We find no basis for taking a different view in the matter.

4. For the reasons stated above, we find no merit in this petition.

Leave to appeal is accordingly refused.

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