ABDUL HAMID vs BARKAT ALI

This matter concerns a petition for leave to appeal regarding the valuation of a pre-emption suit. The core legal question was whether the value of a well located within Khasra No. 635 should have been separately included in the 'Fard Khalis Profit' statement for the purpose of calculating court-fees, or if the well was merely subservient to the agricultural land. The trial court initially determined that the suit was under-valued because the well was excluded from the valuation. However, the appellate court reversed this finding, concluding that the well was not a separate entity but rather subservient to the agricultural land, thereby rendering the original valuation correct. The High Court, in its civil revision jurisdiction, affirmed the appellate court's decision. Upon review, the Supreme Court found no justification to interfere with this concurrent finding of fact regarding the proper valuation of the suit. Consequently, the Court held that the suit was properly valued and dismissed the petition, establishing that a well subservient to agricultural land does not require separate valuation for court-fee purposes in pre-emption suits.