Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--- ----S. 15---Superior right of pre-emption, proof of---Requirements---Plaintiff was required to prove his superior right at the time of sale, at the time of filing of suit and at the time of decree---Pre-emptor was not owner of the estate at the time of attestation of impugned mutation---Pre-emptor did not appear as his own witness at the time of affirmative evidence and his counsel made a statement accepting the consideration price and produced documents only---Statement recorded by the plaintiff after recording evidence of defendants could not be read as his affirmative evidence---No superior right of plaintiff had been proved in the present case---Findings recorded by the courts below were against law---Impugned s and decrees passed by the courts below were set aside and suit was dismissed---Second appeal was accepted in circumstances. Asad Ali Alvi v. Nazir PLD 1982 Lah. 358; Ali Nawaz v. Mst. Saira Bibi and 2 others 1999 SCMR 1909; Mehr Allah Ditta and another v. Muhammad Ali and another PLD 1972 SC 59 and Siddique Khan and 2 others v. Abdul Shakur Khan and another PLD 1984 SC 289 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Scope---High Court could interfere with the findings recorded by the courts below when same were against law. (c) Specific Relief Act (I of 1877)--- ----S. 42---Decree for declaration---Scope---Decree passed in a suit for declaration did not create or confer a new right but same would declare a pre-existing right and would be implementable in the revenue record. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this appeal appellant has challenged the judgment and decree dated 1-6-1981 passed by learned Additional District Judge, Gujrat whereby appeal filed by the appellant was dismissed and the judgment and decree dated 26-5-1979 whereby suit for pre-emption filed by the plaintiffs-respondents was decreed. 2. Brief facts of the case are that on 30-5-1974 plaintiffs-respondents filed a suit to pre-empt allegedly the sale of land through a decree on the basis of which Mutation. No. 613 was attested on 29-6-1973 on the ground that plaintiffs are owner in the estate and joint…

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