Ch. MUHAMMAD SALEEM vs Ch — 2023 YLR 1568 LAHORE-HIGH-COURT-LAHORE

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Ch. MUHAMMAD SALEEM VS Ch. ABDUL RAZZAQ Ss. 13 & 27---Possession through pre-emption---Sale price, determination of---During pendency of suit filed by respondent/pre-emptor, parties entered into an agreement---Dispute between the parties was confined only to the extent of sale price to be received by appellant/ vendee---Sale price of suit plot determined by Trial Court was maintained by Lower Appellate Court---Validity---Trial Court was empowered to determine price on the yardstick of market value---Such exercise was to be taken only in cases where parties were at dispute with regards to the price---Appellant/vendee accepted findings on the point of compromise/admission in terms of handing over of the plot to respondent/pre-emptor--- Findings of Courts below on settlement of proper issues regarding the price etc. and the matter having already been settled and having attained finality could not be re-agitated in second round of litigation---Appellant/vendee was adamant to demand a price in excess of the one he himself got recorded in the sale deed by virtue of which he had purchased the plot---Right of pre-emption and determination of sale price were at two different pedestals severable from each other---Failure to reach a settlement on sale price by appellant/vendee and respondent/pre-emptor did not obliterate the compromise to the extent of acknowledgement of right of pre-emption---Admission of right of pre-emption, once made, could not be retracted if appellant/vendee and respondent/pre-emptor failed to reach mutually acceptable price---Price could be determined in terms of S. 27 of Punjab Pre-emption Act, 1991---High Court declined to interfere in concurrent findings of two Courts below---Second appeal was dismissed in circumstances.

Ch. MUHAMMAD SALEEM vs Ch — 2023 YLR 1568 LAHORE-HIGH-COURT-LAHORE

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