Law: Civil Procedure Code (V of 1908)

Section: 100 , 15

Law: Punjab Pre-emption Act (I of 1913)

Section:

  Civil Procedure Code (v of 1908)-- S---100---Second appeal---First Appellate Court's finding on issue of fact assailed---First Appellate Court being a final Court on facts, was competent to believe/disbelieve the evidence disbelieved/believed by the Trial Court---Finding of First Appellate Court on issue of fact did not suffer from misreading/non reading of evidence---No justification thus existed to interfere with the judgment and decree of First Appellate Court. Punjab Pre-emption Act (I of 1913)-- ---S. 15---Right of pre-emption ---Waiver---Record showed that pre-emptor was not merely present at the time of bargain but accompanied his brother, the vendor at the place where terms of sale were settled, and earnest money was paid ---Pre-emptor also accompanied  the  vendor  and  vendee  to  Tehsildar  for  attestation  of  mutation ---Pre-emptor's conduct clearly showed that he was not at all interested for the purchase of property and had in fact waived his right of pre emption ---Waiver of right of pre-emtption could result either from express relinquishment or from conduct from which such relinquishment of right could be inferred. Waryam v. Waryam and others 1986 MLD 2431; Sarwar Khan v. Mst. Khudeja 1987 MLD 2359; Nazar Muhammad v. Pholkr and others 1987 MLD 33; Muhammad Hayat v. Dost Muhammad 1985 MLD 936; Noor Muhammad v. Nazir 1985 CLC 480; Muhammad Rafiq etc. v. Mst. Rehana Begum NLR 1985 Civil 348; PLD 1971 SC 730; PLD 1972 SC 133; 1988 SCMR 1407; PLD 1985 Lah. 380 and PLD 1985 Kar. 47 ref. Waiver-- ---Pre-emptor's conduct showed that he was not only present when the sale price was settled and earnest money was paid but he also accompanied the vendor and the vendee to Revenue Officer for the attestation of mutation --- Pre-emptor such conduct evinced that he was not at all interested in the purchase. of the property but had waived his right of pre-emption ---Waiver of right of pre emption could result either from express relinquishment or from conduct from which such relinquishment of right could be inferred. Ch Muhammad Khan for Appellant. Mian Sher Alam for Respondents.   Date…