SA UDULLAH KHAN and others vs QALANDAR and others
This matter arises from a petition challenging concurrent findings of the lower courts holding that a disputed property transaction constituted an exchange rather than a sale, resulting in the dismissal of a suit for pre-emption. The core legal question was whether the transaction was a sale or an exchange. The Supreme Court held that in the absence of extrinsic evidence establishing the petitioner's contention, and given that the petitioner's witnesses were not present at the completion of the transaction, the lower courts rightly relied upon the exchange deed. The Court further ruled that a registered exchange deed cannot be construed as a sale merely on the basis of the potential price the land could fetch or the improbability of exchanging one kanal for three kanals. The petition was accordingly dismissed.
- Whether a transaction described as an exchange can be construed as a sale merely on the basis of the price the land could fetch?
- Does the improbability of exchanging one kanal of land in lieu of three kanals convert an exchange deed into a sale?
- Can a pre-emption suit succeed when the plaintiff fails to provide extrinsic evidence and witnesses who were not present at the completion of the transaction?
ORDER
1. ' MUHAMMAD HALEEM, ACTG. C.J.-- 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.
2. Accordingly, 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.
3. 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 of 1 Kanal in lieu of 3 Kanals.
4. ' The conclusion of the Courts below is unexceptionable and, accordingly, the petition is dismissed.
Cited by 4 cases
- SALEEM ULLAH vs JAVED AKHTAR 2002 YLR 3406
- Saleem Ullah vs javed Akhtar 2003 C.L.R. 229
- RAHIM BAKHSH and 2 others vs ALLAH JIWAYA and others 1992 CLC 2433
- GHULAM HUSSAIN vs Jam. ALLAH DAD through Legal Heirs 1989 PLD Lahore 73