ABDUL GHAFOOR Versus FATEH BEGUM

ORDER

SAAD SAOOD JAN, J. ‑‑In this petition for special leave to appeal which arises out of pre‑emption suit, the main question for consideration is whether the transaction giving rise to the suit was one of exchange or sale. The trial Court held that it was an exchange and dismissed the suit. However, on appeal the learned Additional District Judge reversed the finding of the trial Court and declared it to be a sale. On the basis of this finding, he decreed the suit. In revision jurisdiction, the High Court found that the finding of the learned Additional District Judge was well‑supported by the evidence .on record. We can find no infirmity in the view taken by the High Court or the Additional District Judge.

2. The learned counsel for the petitioners has also objected to the procedure adopted by the learned Additional District Judge in asking the trial Court to record finding on issues which it had no earlier decided before disposing of the pre‑emptors' appeal. It is to be noticed that this objection was not taken before the High Court and in any event we can find nothing illegal in the course adopted by the learned Additional District Judge. This petition is without any merit and is hereby dismissed.

M.I./A‑269/S Petition dismissed.