NAURANG and 4 others vs BAGH ALI
This petition for leave to appeal was filed by pre-emptors against a judgment of the Lahore High Court which allowed the respondent vendee's Regular Second Appeal. The core legal question was whether the transaction in dispute constituted a sale or an exchange, thereby determining the maintainability of the pre-emption suit. The Supreme Court held that the petitioners failed to raise any point in seeking leave to appeal that could justify interference by the Court on either a point of law or fact. Consequently, the petition was dismissed, upholding the High Court's finding that the transaction was one of exchange rather than sale.
- Whether a transaction in dispute constitutes a sale or an exchange for the purposes of a pre-emption suit?
- Does the Supreme Court interfere with concurrent or appellate factual findings regarding the nature of a transaction without sufficient justification on law or fact?
ORDER
' MUHAMMAD AFZAL ZULLAH, J.--This petition by pre-emptor is directed against a Judgment of the Lahore High Court; whereby responient/Vendee's Regular Second Appeal was allowed.
2. The learned Trial Court accepted the respondent/vendee's plea that the transaction in question was that of exchange, therefore, the petitioners' suit was dismissed. His appeal was allowed by the District Court. It was held that the transaction was of sale, the trial Court's judgment was reversed and a decree for pre-emption was passed. The vendee then filed the Regular Second Appeal, whereupon the finding by the lower appellate Court that the transaction was one of sale was reversed and the finding that it was one of exchange rendered by the trial Court was restored with the result that the High Court dismissed the petitioners' suit for pre-emption.
3. In seeking leave to appeal, no such point has been urged on behalf of the petitioners, which could justify interference by this Court either on point of law or fact. This petition is, therefore, dismissed.