Malik MUHAMMAD ANWAR TIWANA vs MUHAMMAD SHER and others
This matter arises from a grant of leave to appeal against concurrent findings regarding the pre-emption value of land. The core legal question concerned whether an apparent variance between two interlocutory orders of the District Judge vitiated the final determination of the property's market value. The Supreme Court of Pakistan held that the contention regarding the variance between the two orders lacked force, thereby dismissing the appeal and upholding the valuation determined by the Civil Judge and affirmed by the District Judge and the High Court. The key principle laid down is that prior observations or remands that do not preclude the final adjudication of market value based on evidence on record do not invalidate concurrent factual findings subsequently reached by lower courts.
- Does an alleged variance between an initial remand order and a subsequent order of the District Judge invalidate the final determination of property value?
- Can concurrent findings of fact regarding the market value of pre-empted land be maintained when established through proper remand proceedings?
1. ' MIAN BURHANUDDIN KHAN, J.-- Leave was granted to the appellant vide order of this Court, dated 23-6-1972 on the ground that order, dated 28-3-1967 of the learned District Judge was at variance with the subsequent order, dated 5-12-1970. In the former order the learned Judge held that the sum of Rs,40,000 was not fixed in good faith nor the same was actually paid. He, therefore, remanded the case to the Civil Judge to determine the market value of the land. On remand, the learned Civil Judge fixed the value of the property at Rs,40,000 and this finding was upheld on appeal by the learned District Judge and also by the High Court.
2. On examining the questions raised by the learned counsel we find his contention as regards the variance between the aforesaid two orders to be of no force. We, therefore, dismiss this appeal and allow one month time to the appellant to deposit the pre-emption amount. No order as to costs.