Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(e)

Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.14

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art.129(e)---Judicial record got presumption of its correctness and admissibility---High Court could take judicial notice of the same. (b) Civil Procedure Code (V of 1908)--- ----O.XX, R.14---Decree in pre-emption suit---Pre-emption money, deposit of---Scope---Pre-emptor could not deposit such money after a date specified in decree. THIS JUDGMENT DELIVERED BY: MAZHAR ALAM KHAN MIANKHEL, J.--- Petitioner herein has sought for issuance of an appropriate writ by declaring the judgment/orders dated 15-4-2004 of Additional District Judge, Nowshera whereby civil revision of present petitioner against the judgment/ order of Senior Civil Judge, Nowshera dated 29-1-2004 was dismissed, to be unlawful, illegal, without lawful authority and jurisdiction having no legal effect against the rights of the petitioner. This case has a chequered history. A sale mutation was pre-empted by one GulMast son of Amir Hatam and one Ghulam Habib, the rival pre-emptor. Out of the entire sale, half of the area i.e. 5 kanals, 1 marla of three Khasra numbers i.e. 216/2, 856 and 852 was decreed in favour of said Gul Mast pre-emptor vide judgment and decree dated 18-12-1973 of Civil Judge, Nowshera against a sale price of Rs.6030 and the pre-emptor was directed to deposit the balance amount of Rs.1030 as he had already deposited Rs.5,000 as pre-emption money. The remaining entire suit property was decreed in favour of Ghulam Habib, the rival pre-emptor, for a sum of Rs.23970 and he was also directed to deposit the balance of Rs.12970 as he had already deposited Rs.11,000 as a pre-emption money. Gul Mast feeling himself aggrieved tiled an appeal before District Judge, Nowshera. Whereas Ghulam Habib failed to deposit the balance decretal amount and also did not challenge the judgment and decree of the trial Court in appeal. The appellate Court while allowing the appeal of Gul Mast, decreed the remaining half of the above said three khasra numbers against a total decretal amount of Rs.12060 vide his judgment and. decree dated 16-1-1976 whereagainst the pre-emptor and the vendees also filed their respective civil revisions i.e. C.R. Nos. 168 of 1976 and 131…

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