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Civil Petition for Special Leave to Appeal No. 928 of 1980, decided on 24th January, 1981.
(On appeal from the judgment and order of the Lahore High Court, dated 31‑5‑1980, in R.S.A. 188/80).
‑‑‑Art. 185(3)‑‑Finding of fact fully supported by sound reasons and cogent evidence on record‑‑No reason shown to disturb such finding nor any principle of law involved to take exception to view of relevant Courts‑‑Leave to appeal refused.
M. Afzal Wattoo, Advocate Supreme Court with Abdul Karim, Advocate‑on‑Record for Petitioners.
‑‑It is not necessary to go into the lengthy details and stages through which this case passed, and it will be sufficient for the purpose of the present order to state, that the petitioners claim an equal right of pre‑emption against Ch. Qudrat Ullah, plaintiff /respondent whose suit against them has been decreed. It is admitted that the unity of the transaction of sale cannot be separated and as Sikandar one of the vendees was a stranger as against the pre‑emptor, therefore, all the vendees from that point of view had an inferior right of pre‑emption against him i.e. the plaintiff.
2. However, it was submitted that the aforesaid Sikandar had before the institution of the suit got an area of 3 Kanals and 2 Marlas by way of gift from his father whereby he became a co‑sharer, therefore, the said improvement enured for the benefit of all the co‑vendees to make their status in that respect equal to the plaintiff. The course below have disbelieved the plea of gift on factual plane and have given cogent reasons in support of their views. It was held that neither the donor nor the donee had appeared in the witness‑box to prove the declaration of gift, the acceptance of gift and the delivery of possession there under. In this state of affairs, we feel that there is nothing to disturb the aforesaid finding of fact and nor is there involved any principle of law to take exception to the views of the relevant Courts
3. The result is that this case is concluded by a finding of fact which is fully supported by sound reasons and cogent evidence on the record. The petition has no merit and is dismissed.
M.I. Petition dismissed.
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