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Civil Petitions for Special Leave to Appeal Nos. 625 and 626 of 1974, decided on 2nd February, 1980,
(On appeal from the judgment and order of the Lahore High Court, Gated 14-5-1974 in R.S.A. Nos. 109/60 and 110/60).
---- Art. 185(3)-Leave to appeal-Finding of High Court holding land in dispute to be an urban immovable property and not agricultural land not suffering from any mistake of any legal principle in appreciation of evidence and fully supported by facts and features of case-Held, not open to challenge in Supreme Court under Art.
Sh. Masud Akhtar, Advocate-on-Record for Petitioners.
Syed Jamil Hussain Rizvi, Senior Advocate Supreme Court of Pakistan and S. Ali Imam Naqvi, Advocate-on-Record for Respondent No. 1.
Date of hearing: 2nd February, 1980.
.-Muhammad Khan (vendor) (defendant No. 2 in the suit) sold the land in dispute in two lots measuring 10 marlas each situated in the city of Multan, in the locality known as "Taraf Maubarik Awal" by means of two separate registered sale-deeds dated 22-6-1956 and 26-6-1956 respectively to the vendee described therein. The petitioners filed two separate suits to pre-empt the aforesaid sales on the ground that the land in dispute was an "agricultural land" and as such they had a preferential right to pre-empt the same as against the Concerned vendees. The suits were decreed by the learned Civil Judge by o separate judgments dated 18-12-1958 and 19/24-12-1958 respectively.
2. The vendees filed appeal in each suit but without any success as same were dismissed by the learned Additional District Judge on 14-10-1959 by separate judgments.
3. The vendees then filed two second appeals being R. 8, A. 109/60 and R. S. A. 110/60 which brought fruit and were accepted by the High Court on the 14th May, 1974, by a common judgment. The High Court held that tile land in dispute was an "urban immovable property" and "agricultural land" and as such the petitioners had no preferential right to Pre-empt the same. The petitioners lave now come up in petitions for special leave to appeal bearing. Nos. 625/74 and 626/74. The present will dispose of both these petitions.
4. The only point argued by the learned counsel was that the High Court has erred in holding that the land in dispute was not an "agri cultural land" and that it was an "urban immovable property". We have gone through the record as contained in the paper-books and heard the learned counsel at length. It may be mentioned that the area involved was only ten marlas (in each case) and the High Court has after perusal of the relevant record, held that a part of it was shown therein as "Ghair Mumkin Abadi". It was surrounded by houses. "Pucka" metalled road and was located within the municipal limits of Multan City. The High Court referred to a large number of cases cited before it by the learned counsel for the parties for the purpose of the relevant factors which in such cases are to be taken into the consideration, and after referring the same in the light of the facts and the circumstances of the present case held that the property in dispute was "urban immovable property" and further that "the perusal of the sale-deeds and area mentioned therein obviously goes to show that the alienations were for "small pieces of land for construction purposes". This view of the High Court appears to be well considered. Which does not suffer from mistake of any legal principle in the matter of appreciation of evidence in cases of this type and is fully supported from the facts and features mentioned therein.
5. In the circumstances we do not think that this is a fit case for grant of leave. The result is that these petitions have no merit and are dismissed.
Petitions dismissed.
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