Law: Specific Relief Act, 1877

Section: 9

Law: Punjab Pre-emption Act, 1991

Section: 13

Specific Relief Act, 1877 (I of 1877)-- ----S. 9--Punjab Pre-emption Act, (IX of 1991), S. 13--Alienation of suit land--Suit for possession through pre-emption--Presence of appellant at time of bargain and execution of sale-deed--Partial pre-emption--Plaintiff failed to rebut stance of vendees--Mala fide on part of pre-emptor--Plaintiff did not utter a single word with regard to stance of defendants while recording his affirmative evidence that he was not present there; that he did not get bargain suit property and had not made any promise that he will not pre-empt suit property--plaintiff did not opt to rebut it by recording any rebuttal evidence--After remand, plaintiff again recorded his statement and did not utter a single word to negate version of defendants--It is a settled principle of law that a portion of statement of witness which remained uncrossed, unchallenged and was not impeached by questioning in cross-examination, then same would be deemed to have been admitted--Plaintiff who was real son of vendor and resided in same house instituted suit for pre-emption after almost one year of registered sale deed--He failed to rebut stance of vendees that he himself got bargained suit property and remained present during execution of sale deed--Collusion between father and son could not be ruled out--Mala-fide on part of pre-emptor is also apparent, because if he genuinely so keen to purchase suit property, he would gladly pay price which is being offered to vendor by another person--Findings of appellate Court are not open to exception and are liable to be sustained--Appellate Court has rightly accepted appeal of respondents and dismissed suit of appellants while appreciating evidence available on file in its true perspective--Appeal dismissed. Civil Procedure Code, 1908 (V of 1908)-- ----O.XLI, R. 33--Power of Court--Court has manifest power to set right any illegality committed in law by Courts below while deciding specific issue in such context by exercising corrective powers. PLD 2009 Lah. 407 and PLD 1991 SC 218 ref. PLD 1992 SC 590; PLD 1993 SC 418; 1998 SCMR 2306. Limitation Act, 1908 (IX of 1908)-- ----S. 22--Substitution of a new plaintiff or…

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