Law: Punjab Pre-emption Act, 1913

Section: 21

Law: Constitution of Pakistan, 1973

Section: 183(3)

Punjab Pre-emption Act (I of 1913)--- ----S. 21---Constitution of Pakistan (1973), Art.183(3)---Right of pre­emption ---Co-owner---Proof---Entry in Jamabandi (Record of Rights)--­Possession of pre-emptor in specific portion of Khata---Pre-emptor claimed the right of pre-emption on the basis of being co-owner in the suit-land---Judgment and decree passed by the Trial Court was upheld by High Court ---Pre-emptor was shown in ownership column of Jamab ndi to be owner of land measuring 10 Marlas over which a house had been constructed---Contention of the vendee was that the suit-land was agriculture in nature and the pre-emptor being owner in residential area in joint Khata could not exercise right of pre-emption ---Validity---Entry in ownership column was in the name of pre-emptor which would relate to the entire land mentioned in the Khata---Findings of Appellate Court that the pre-emptor was owner in the Khata only to the extent of land measuring 10 Marlas over which a house had been constructed, was based on misreading of record---Findings recorded by High Court affirming the findings of Trial Court in favour of pre-emptor, did not suffer from any misreading or misconstruction of any material piece of evidence---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J.--- This petition is directed against the judgment dated 30-11-2001 of the Lahore High Court, Multan Bench, through which second appeal filed by the respondent has been accepted and after setting aside the judgment and decree of the First Appellate Court, judgment and decree of the trial Court restored. 2. The sale of land made in favour of the petitioners was pre­empted by the respondent by filing suit. Though the defendants ­petitioners Nos.4---6 and 8 were minors but in the plaint, neither any such indication was given nor their next friend appointed. The suit was contested by the said respondent. The trial Court through judgment dated 28-11-1972 decreed the suit by holding that the respondent-plaintiff was proved to be owner in the same Khata. In appeal however, an objection was raised by the petitioners that defendants Nos.4---6 and 8 were minors, therefore, formal order should have been…

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