Mst. NASIM AKHTAR vs Mst. MUKHTIAR BANO
This petition arises out of a pre-emption matter concerning the sale of a house in Multan. The core legal question involves the challenge to concurrent findings of fact by the lower courts regarding the respondent's superior right of pre-emption and the existence of the custom of pre-emption in the relevant locality. The Supreme Court held that the contentions raised by the petitioner pertained merely to the appreciation of evidence, which had already been fully and concurrently considered by the three courts below without raising any substantial question of law. Consequently, the petition for leave to appeal was dismissed. The key principle laid down is that the Supreme Court will not interfere with concurrent findings of fact based on the appreciation of evidence where no question of law arises for consideration.
- Will the Supreme Court interfere with concurrent findings of fact regarding a superior right of pre-emption?
- Does a petition challenging merely the appreciation of evidence raise a question of law fit for interference by the Supreme Court?
ORDER
NASIM HASAN SHAH, J.--This petition arises in a pre-emption matter.
2. The petitioner is a vendee of a house situate in Multan. The sale of the disputed house in her favour was pre-empted by the respondent. She has been found to have a superior right of pre- emption and it has also been found that the custom of pre-emption exists in the locality where the house is situate. These findings have been concurrently upheld by the Additional District Judge and the High Court. Hence this petition for leave to appeal.
3. Mr. K.H. Khurshid, learned counsel for the petitioner, while challenging both these findings, has raised before us questions merely of appreciation of evidence. These questions have already been fully considered by the three Courts below. No question of law arises for consideration in this matter and the case is not fit for interference by this Court. This petition is, accordingly, dismissed.