Law: Punjab Pre-emption Act, 1991

Section: 6(c)

Punjab Pre-emption Act (IX of 1991)--- ----S. 6(c)---Suit for pre-emption---"Shafi Jar"---'Aks Shajra'---Objection as to certified copy of 'Aks Shajra'---Patwari had issued a certified copy of the 'Aks Shajra' to show that pre-emptor's land was contiguous to the land sold to the vendees---Vendees contended that the 'Aks Shajra' had not been proved in accordance with law because the Patwari who prepared the 'Aks Shajra' did not appear and produce the said evidence, rather it was tendered in evidence through the statement of a counsel---Validity---Patwari had issued a certified copy of the 'Aks Shajra' and if the vendees were of the view that the same was an incorrect copy they should have either summoned the Patwari concerned for the purpose of rebutting the document on the production of the correct copy of the Aks Shajra or after procuring the correct certified copy they should have tendered it in evidence so as to rebut the document---Even in their examination in chief the vendees had not denied the pre-emptor's superior right of pre-emption---Suit for pre-emption had been rightly decreed by the Trial Court---Appeal filed by vendees was dismissed accordingly. THIS ORDER PASSED BY: MIAN SAQIB NISAR, JUSTICE:----------------- The appellants are venders/ defendants in a suit for pre-emption filed by the respondent/plaintiff seeking enforcement of his pre-emptory right to the sale in favour of the appellants on account of the sold land being, inter alia, contiguous to that of the respondent. After recording of the evidence, the suit was decreed by the Trial Court, however, on appeal such decree was set aside. When the judgment of the Appellate Court was challenged in revisional jurisdiction of the High Court, the same was discarded and by restoring the judgment of the Trial Court the original decree has been sustained. 2. Learned counsel for the appellants argued that the respondent has failed to prove that the land of the respondent was contiguous to the land sold. In this regard it is submitted that the Aks Shajra has not been proved in accordance with law because the Patwari .who prepared the Aks Shajra did not…

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