Law:

Section:

(a) Punjab Pre-emption Act (I of 1913) --------- ----------S. 15 --------- Superior right of pre-emption --------- Rival pre-emptor --------- Production of rebuttal evidence only by the plaintiff-pre-emptor --------- Effect --------- Plaintiff-pre-emptor neither appeared as a witness himself nor produced any other witness at the time of affirmative evidence --------- Trial Court decreed the suit of plaintiff-pre-emptor whereas that of defendant-rival pre-emptor was dismissed --------- Appellate Court dismissed the suit of plaintiff-pre-emptor and decreed that of defendant-rival pre-emptor --------- Validity --------- When plaintiff was required to produce affirmative evidence, he must produce the same at the time of his turn --------- If plaintiff opted not to produce the oral evidence and to appear as his own witness then other side had no opportunity to go through or see what affirmative evidence was in the mind of plaintiff --------- Defendant would have no occasion in such eventuality to rebut the affirmative part of plaintiff's evidence --------- Pleadings could not be considered and used as evidence --------- When plaintiff-pre-emptor opted to get his statement recorded at the time of rebuttal evidence then his part of statement with regard to affirmative evidence could not be considered and read in affirmative evidence --------- Evidence of plaintiff-pre-emptor after the evidence of defendant-rival pre-emptor could only be read in rebuttal evidence --------- Documentary evidence produced by the plaintiff-pre-emptor in the statement of his counsel did not prove his superior right of pre-emption as same was not per se admissible --------- No benefit of such documentary evidence could be given to the plaintiff-pre-emptor --------- No evidence in support of claim of plaintiff-pre-emptor being available at the time of turn of defendant-rival pre-emptor, findings recorded by the Appellate Court were in accordance with law --------- Revision was dismissed in circumstances. Allah Yar and 18 others v. Ghulam Jilani and 3 others PLD 1995 Lah. 409; Rehman v. Noora deceased through his L.Rs. 1996 SCMR 300; Muhammad Mal Khan v. Allah Yar Khan 2002 SCMR 235;…

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