Law: Punjab Pre-emption Act, 1991

Section: 6

Punjab Pre-emption Act (IX of 1991)--- ----S. 6---Suit for pre-emption---Trial Court decreed the suit while Appellate Court set aside the and decree of Trial Court---Pre-emptor contended that he had got superior right of pre-emption on the ground of being collateral and co-sharer of vendor and produced the certified copy of pedigree-table as evidence but the same was missing from the court record---Vendor controverted the averment of pre-emptor maintaining that production of pedigree table alone was not sufficient unless the same was proved---Validity---Order of Trial Court showed that pedigree-table was produced in evidence by pre-emptor but the same was missing from the court record, therefore, unless the document was brought before the court, no inference could be drawn from the same---In view of presumption of removal of pedigree-table with ulterior motive from court record, revision was accepted and case was remanded to Appellate Court with directions to conduct inquiry, reconstruct the pedigree-table with assistance of both the parties and decide the case on merits within a period of four months. 1999 SCMR 1800; 1994 SCMR 559 and 1989 SCMR 1026 ref. THIS ORDER PASSED BY: CH. MUHAMMAD TARIQ, J.--- This regular second appeal has been directed against the judgment and decree dated 29-4-2003 passed by the learned Additional District Judge, Narowal who accepted the appeal and set aside the judgment and decree dated 26-10-1981 passed by the learned trial court 2. Brief facts of the case are that the suit-land fully described in para No.1 of the appeal was sold vide sale-deed registered on 28-1-1977 in favour of predecessor-in -interest of respondents Nos.1 to 6 and respondents Nos. 7 to 9 against a consideration of Rs.3,000. 3. The appellant filed a suit for possession through pre-emption in the Civil Court on the ground that the appellant is collateral of the vendor and also on the ground of co-sharer. 4. That defendants Nos.1 and 2 contested the suit and submitted their written statements. Out of the divergent pleadings of the parties, following issues were framed:-- ISSUES. (1) Whether the plaintiff has superior right of pre-emption against the vendee…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492