MUHAMMAD HANIF And Another vs ABDUL AZIZ Since Dead Now
This petition for leave to appeal arises out of a pre-emption suit filed by the predecessor-in-interest of the respondents against the sale of a house situated in Mohallah Shah Chan Chiragh, Rawalpindi. The core legal question was whether Mohallah Shah Chan Chiragh constituted a recognized sub-division and whether the custom of pre-emption existed therein at the commencement of the Pre-emption Act. The trial court decreed the suit in favor of the plaintiff, a finding which was subsequently affirmed by the District Judge on appeal and further upheld by the High Court in second appeal. The Supreme Court dismissed the petition, holding that concurrent findings of fact by all three lower courts regarding the existence of the custom of pre-emption were fully supported by the evidence on record and warranted no interference. The key principle laid down is that the Supreme Court will not interfere with concurrent factual findings of lower courts concerning the existence of a local custom of pre-emption unless they are shown to be perverse or without evidence.
- Whether the custom of pre-emption existed in Mohallah Shah Chan Chiragh at the commencement of the Pre-emption Act?
- Whether Mohallah Shah Chan Chiragh is a recognized sub-division for the purposes of pre-emption?
- Will the Supreme Court interfere with concurrent findings of fact regarding the existence of a local custom of pre-emption?
ORDER
1. NASIM HASAN SHAH, J.---A house situated in Mohallah Shah Chan Chiragh, Rawalpindi was sold by the brother of Abdul Aziz, predecessor-in---interest of Respondents Nos.1 to 5, in favour of Muhammad Hanif, petitioner, through a Registered Sale-Deed dated 6-11-1972. A pre-emption suit was filed by Abdul Aziz, aforesaid, for which the following issues arose:----
(1) Whether Mohallah Shah Chan Chiragh is a recognized Sub-Division? OPP
(2) If Issue No.1 is proved in affirmative whether custom of pre-emption existed in the said Sub- Division at the commencement of Pre-emption Act? OPP The suit was decreed by the learned trial Court on 17-5-1978 holding that Mohallah Shah Chan Chiragh was a recognized Sub-Division for the purposes of pre-emption and that the custom of pre-emption existed in the said Mohallah. The learned District Judge, on appeal, upheld the decision of the learned trial Court by a judgment and decree dated 12-2-1985. These judgments and decrees were also upheld on second appeal by the High Court vide judgment dated 2-7-1989.
2. Hence this petition for leave to appeal.
3. We have heard Ch. Muhammad Abdus Saleem in support of this petition who has vigorously submitted that there was no sufficient evidence on the record to establish the existence of the custom of pre-emotion in Mohallah Shah Chan Chiragh at the commencement of the Pre-emotion Act.
4. This aspect of the matter has been discussed by all the three Courts below and it has been found that the evidence on the record and the other circumstances clearly show that the custom of pre- emotion did exist in the said Sub-Division at the commencement of the Pre-emotion Act.
5. We are inclined to agree with this assessment of the situation and hence find no ground for interference.
6. This petition, accordingly, fails and is dismissed hereby.
Cited by 2 cases
- RASHID AHMAD Versus THE STATE 1996 PLD 468
- Dr. IQBAL AHMAD CHAUDHRY vs MUHAMMAD INAYAT through Legal Heirs and another 1993 SCMR 1477