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Civil Petition for Leave to Appeal No. 567/R of 1983, decided on 11th February, 1984.

(Ors appeal from the judgment and order of Lahore High Court Rawalpindi Bench dated 13th June, 1983 passed in Civil Revision No.169 of 1982 )

‑‑‑Art. 185(3)‑‑Suit for pre‑emption ‑‑Courts below finding transaction to be an exchange and not sale‑‑Petition for leave to appeal found to be without merit and dismissed.

Sh. Zamir Hussain Advocate Supreme Court and Ch. Karam E.Bhatti Advocte‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing: 11th Feburary 1984.

‑‑ The petitioner instituted a suit for possession through pre‑emption of land measuring‑4 kanals 16 marlas on payment of Rs.3000 including the mortgage money of Rs.2100 on the ground that the land in dispute, was owned by Ali Ahmad son of Noor Ahmad and the transaction in dispute was given a colour of exchange with a view to defeat his right of pre‑emption which was claimed on the basis of relationship with the vendor and as the respondent had no such qualification. The suit was dismissed by the learned Civil Judge per judgment and decree dated 26‑7‑81 holding that the petitioner had no superior right. Appeal was dismissed by the learned District Judge while the Civil Revision was dismissed in limine by the learned High Court vide the impugned order.

2. We find that the courts below have held that the transaction, arising out of mutation No.802 Exh . P5 and mutation No.803 Exh . P4, if kept in juxtaposition, would show that respondent had become owner of 4 kanals 16 marlas of land in Chak Bhatia for which he gave his own land in exchange and Walayat brother of the said Rahmat, respondent, had become owner of 8 kanals of land through the sale deed executed by the said Ali Ahmad etc. Hence we find no merit in this petition which is consequently dismissed.

S . Q. Petition dismissed.

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