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Civil Petition No. 99‑R of 1983, decided on 13th November, 1983.
(From the order, dated 2nd April, 1983, of the Lahore High Court, Multan Bench, passed in Regular Second Appeal No. 63 of 1981).
‑--Art. 185(3)‑Pre‑emption suit‑Transaction, whether sale or exchange‑Courts below finding that transaction was an exchange and not sale‑No question of law involved‑Question of fact decid ed concurrently not open to interference‑Leave to appeal refused.
Ch. Abdur Rehman Senior Advocate Supreme Court instructed. by Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 13th November, 1983.
‑‑The petitioner, a pre‑emptor, having failed throughout has filed this petition for leave to appeal. The only question that arises for consideration is whether the transaction in question was and exchange or sale. All the Courts have found that the same was an exchange not a sale.
After hearing learned counsel and going through the paper‑book, we are satisfied that no question of law is involved and that the question of fact decided concurrently is not open to interference. The petition is, therefore, dismissed.
S. Q. Petition dismissed.
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