Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--­----Ss. 4, 15, 21 & 30---Suit for pre-emption ---Limitation---Vendees by producing unrebutted evidence on record had proved that mutation was entered; price was paid by them to the vendor and possession of suit-land was also delivered to them prior to the attestation of mutation---Suit filed with delay of four days counting from payment of sale price and delivery of possession to the vendees, was liable to be dismissed being barred by time. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 132 & 133---Cross-examination---Where a portion of statement of a witness was not challenged in cross-examination then it would be presumed that the party against whom the evidence was being given had accept the same. JUDGMENT The appellants purchased the suit-land for a consideration of Rs.14,000 vide Mutation No.1566 attested on 11-3-1972. The respondent claiming to be the son of the vendor Mst. Naziran filed a suit on 9-3-1973 seeking possession of the suit-land by pre-emption. The suit was resisted by the appellants inter alia on the ground that it was barred by time as according to the appellants the price had been paid and possession delivered to them on 5-3-1972 when the mutation was entered. Issues were framed. Evidence of the parties was recorded. The learned trial Court dismissed the suit vide judgment and decree, dated 5-5-1976. A first appeal filed by the respondent was heard by a learned Additional District Judge, Kasur who allowed the same and decreed the suit on 10-6-1977. The appellants filed R.S.A. No.455 of 1977 in this Court which was allowed on 25-10-1978. The respondent filed Civil Appeal No.136 of 1979 which was allowed by the Supreme Court of Pakistan on 22-11-1983 and the case was remanded to the learned District Judge to decide the appeal without being influenced by the observations of this Court. Somewhere the records were lost and were reconstructed. The first appeal was then heard on the basis of reconstructed record by the learned District Judge. Kasur who allowed the appeal and decreed the suit on 23-7-1987. 2. Learned counsel contends that the evidence on record has beer misread by the learned…

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