Law: Punjab Pre-emption Act, 1913

Section: 15

Law: Constitution of Pakistan, 1973

Section: 185(3)

Punjab Pre-emption Act (I of 1913)----- ---S. 15---Constitution of Pakistan (1973), Art. 185(3)---Suit for pre­emption ---Defendant's plea was of either having equal qualification of being owners in estate or having superior right being collaterals of vendor---Suit decreed by Trial Court was upheld by Appellate Court, but was dismissed by High Court in revision---Validity---Plaintiffs during evidence had admitted equal right of being owners in estate of some defendants---Remaining defendants had been found to be collaterals of vendor---Courts below had totally excluded evidence of one witness who had categorically stated that they were collateral of vendor---High Court after reading evidence of such witness with pedigree-table, had dismissed suit on sound and cogent reasons---No exception could be taken to impugned ---Supreme Court dismissed petition and refused leave. JUDGMENT TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 6-12-1999 passed by a learned Single Judge, of the Lahore High Court, Bahawalpur Bench, Bahawalpur, whereby he accepted R.S.A. No.36 of 1977 filed by respondents .and dismissed the suit for possession of the disputed property through pre-emption filed by the petitioners. The facts briefly narrated for the disposal of this petition are that the respondents purchased land measuring 101 Kanals, 19 Marlas situated at Mauza Wahid Bakhsh Mahar, Tehsil Sadiqabad; District Rahimyarkhan, through Mutation No. 1174, dated 29-3-1972 from Ali Muhammad. Predecessor-in-interest of the present petitioners filed a suit for possession claiming superior right of pre-emption on the ground of being owner in the village. The respondents controverted his claim and out of divergent pleadings of the parties, issues were framed. The parties led their evidence and the learned Civil Judge 1st Class, Sadiqabad, vide his judgment, dated 9-2-1976 decreed the suit. The respondents filed an appeal assailing the above judgment of the trial Court, which was dismissed by the learned District Judge, Rahimyarkhan, through his judgment, dated 17-7-1976. The respondents then preferred R.S.A. No.36 of 1977 before the Lahore High Court at Bahawalpur,…

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