ATA MUHAMMAD vs KARIM BAKHSH
This matter arises from a petition directed against an order of the High Court which dismissed a pre-emptor's suit after finding that the circumstances of the case amply supported an inference of waiver against him. The core legal question was whether the petitioner, as a pre-emptor, could be considered to have abandoned his right through waiver, and whether the High Court could interfere with findings in a second appeal. The Supreme Court held that the High Court rightly examined the matter because the legal inference arising from admitted facts regarding waiver amounts to a question of law rather than a pure question of fact, thereby justifying interference in second appeal. The Court laid down the principle that the determination of whether admitted facts constitute a waiver of a right is a question of law open to examination in appellate jurisdiction.
- Whether an inference of waiver can be drawn from admitted facts in a pre-emption suit?
- Can a finding regarding waiver based on admitted facts be examined in a second appeal?
ORDER
1. NASIM HASAN SHAH, J.--The question involved in this case was whether the petitioner, who was a pre-emptor, could be considered to have abandoned his right, through waiver?
2. The learned Judge in the High Court very carefully considered this aspect of the matter and after discussing the entire evidence on the record reached the conclusion that the circumstances of the case "amply support an inference of waiver against the respondent" (before it and petitioner herein). He, accordingly, dismissed the pre-emptor's suit.
3. This petition is directed against the said order of the High Court.
4. Mr. Shahid Hussain Kadri, learned counsel for they petitioner, has submitted that a finding of fact recorded by the Additional District Judge was reversed by the High Court in this case and that this was not possible in a second appeal.
5. This submission is based on a misconception. The learned Judge has based his impugned finding on the basis of admitted facts. The inference arising from the admitted facts does, in certain cases, amount to a question of law. Thus, the question whether the admitted facts in this case could be said to constitute waiver of a right. In the circumstances, is not merely a question of fact and could have been examined in a second appeal dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.