Law: Punjab Pre-emption Act, 1991

Section: 13(1)(b)

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 6(1)(a)---Right of pre-emption---Shafi Sharik (co-owner in suit land)---Proof---Plaintiff/pre-emptor/respondent was required to prove through documentary evidence his right of pre-emption upon the land sold in favour of the appellant/vendee/defendant---Admittedly, in column of ownership in Register Haqdaran Zameen the name of the respondent/plaintiff was mentioned in Khana Kafiyat and not in owner column in the khata wherefrom the property pre-empted was sold---Copy of Jamabandi produced for the relevant year did not contain the name of the plaintiff as co-owner in the Khata---Hence, the respondent had failed to prove his right of pre-emption on the basis of co-ownership against the appellants---Appeals were allowed and suit for possession through pre-emption filed by the plaintiff/respondent stood dismissed. (b) Punjab Land Revenue Act (XVII of 1967)--- ----Ss. 52 & 42---Presumption in favour of entries in records-of-rights and periodical records---Scope---Khana Kafiyat of Register of Record of Rights---Mutation register is distinct from the record-of-rights and consequently does not benefit from the legal presumption of truthfulness commonly associated with the latter---Presumption of correctness is attached only to the column of ownership and of possession of record of right and no such presumption is attached to the column of Lagan---Same is the correct law for the entries made in Khana Kafiyat of Register of Record of Rights/Jamabadi---Khana Kafiyat of Register of Record of Rights is not covered by section 52 of the Punjab Land Revue Act, 1967---Whenever, a party relies on this Column, they will have to prove the incorporated statement/entry through independent evidence. Pervez Alam Khan v. Muhammad Mukhtar Khan 2001 CLC 1489 ref. Shad Muhammad v. Khan Poor PLD 1986 SC 91 rel. (c) Punjab Pre-emption Act (IX of 1991)--- ----S. 13(1)(b)--- Suit for pre-emption---Talb-i-Ishhad, notice of---Proof---Names of witnesses of Talb-i-Ishhad notice had not been mentioned in the plaint, which was a fatal defect---Alleged notice of Talb-i-Ishhad in both the suits was allegedly by "Mr. A", Advocate on behalf of the…

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