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Civil Petition for Special Leave to Appeal No. 1110 of 1984, decided on 2nd July, 1985.
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 15‑10‑1984 in Civil Revision No. 1402/D‑84).
‑‑‑Art. 185(3)‑‑Punjab Pre‑emption Act (I of 1913), S: 21‑‑Suit for pre‑emption‑ ‑Proper valuation of‑‑Suit for pre‑emption held undervalued for purposes of court‑fee, by not including value of a well‑‑Order reversed in appeal on ground that well was not separate from agricultural land but subservient to it‑‑Decision upheld in revision‑‑There being no justification to disagree with finding of fact as to suit being properly valued, leave to appeal refused.
Shaukat Ali, Senior Advocate Supreme Court instructed by S. Abid Nawaz, Advocate‑on‑Record (absent) for Petitioner.
Nemo for Respondent.
Date of hearing: 2nd July, 1985.
.‑‑In this petition the dispute is in regard to the under valuation of the pre‑emption suit. The trial Court held that the value of the well in Khasra No. 635 had not been included in the statement of 'Fard Khalis Profit' and accordingly the suit was under valued for the purpose court‑fee. But the appellate Court held that the well was not separate from the agricultural land but subservient to it and accordingly the suit was not under valued. The High Court in civil revision also upheld the conclusion of the appellate Court and we see no justification to disagree with this finding of fact as to the suit being properly valued.
Accordingly the petition has no force and is dismissed.
M. I. Petition dismissed.
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