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Civil Petition No. 63‑R of 1983, decided on 25th October, 1983.
(On appeal from the judgment and order dated 16‑1‑1983 of the ‑Lahore High Court, Rawalpindi Bench, in R.S.A. No. 77 of 1981).
‑‑‑Art.185 (3)‑‑Suit for pre‑emption‑‑Trial Court finding transaction to be exchange and not sale and hence dismissing suit and such order upheld by appellate and Revisional Courts‑‑Absence of extrinsic evidence to establish contention of petitioner‑‑Conclusion of Courts below that transaction could not be construed as sale merely on basis of price which land in dispute could fetch or improbability of exchange of one Kanal in lieu of three Kanals‑‑Held, unexceptionable‑‑Leave to appeal refused.
Sh. Ziauddin, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing: 25th October, 1983.
In this petition the question for consideration was as to whether the transaction was a sale or an exchange, and the Courts below held that it was an exchange. Accord ingly, the suit for pre‑emption failed. It may be added that the petitioner examined himself and one other witness but as none of them was present at the time of the completion of the transaction, the trial Court disbelieved them.
In the absesnce of extrinsic evidence to establish the contention of the petitioner, the Courts below relied on the exchange deed, which according to them, could not be construed as a sale merely on the basis of price which the land could fetch or the improbability of exchange I of 1 Kanal in lieu of 3 Kanals.
The conclusion of the Courts below is unexceptionable and, accordingly, the petition is dismissed.
S.Q. Petition dismissed.
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