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1998 MLD 1591

MUHAMMAD KHAN vs Mst. RASOOL BIBI

Citation1998 MLD 1591
CourtLahore High Court
Case No.Revision Petition No,796/B of 1997
Date1997-06-10
Judge(s)Sh. Lutfur Rehman
ResultPetition dismissed.

ORDER

1. This revision petition is directed against the judgment dated 23-4-1996 passed by the learned Additional District Judge, Mandi Baha-ud-Din, whereby he affirmed the judgment and decree dated 6-11-1994 passed by the learned Civil Judge, Mandi Baha-ud-Din. The petitioners/plaintiffs pre-empted the sale made by Mst. Sardaran Bibi vide Mutation No,753, dated 21-6-1993 in favour of Mst. Rasool Bibi, respondent-defendant. As many as nine issues were framed and in view of the findings on Issue No,6 regarding the statutory requirements of Talabs as provided under section 13 of the Punjab Pre-emption Act, 1991, the suit of the petitioners-plaintiffs was dismissed and their appeal also filed.

2. 2.Learned counsel for the petitioners mainly contended that the Courts below had ignored from consideration the notice Exh.P-1 regarding Talabs. there is no proof of record that the said notice was ever sent/despatched to the respondent-defendant. Even no question was put in this regard when the respondent appeared as D.W.1. Moreover, while pointing out material discrepancies in the statements of the P.Ws. on the point under consideration, the learned trial Court also considered the effect of notice Exh.P-1.

3. 3.It is well settled law that the High Court cannot interfere in exercise of revisional jurisdiction with the concurrent findings of facts unless there is any material irregularity or illegality affecting the decision of the Courts below. Even erroneous decisions on facts area not revisable except as mentioned above. Even the Supreme Court of Pakistan in the cases of Abdul Hameed versus Ghulam Muhammad (1987 SCM R 1005), Haji Muhammad Zaman v. Zafar Ali Khan and others (PLD 1988 SC 88) and Kanwal Nain and 3 others v. Fateh Khan and others (PLD 1983 SC 53), held the same view.

4. There are concurrent findings of facts in this case and no material irregularity or illegality affecting the decision of the Courts below has been pointed out. The revision petition is not maintainable and is dismissed in limine.

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