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

Section: 7

Punjab Pre-emption Act (I of 1913)--- ----S. 7---Pre-emption in respect of urban immovable property---Existence of custom of pre-emption in town/sub-division of town---Proof---Oral as also documentary evidence on record proved that house in question was situated in old city of `Chiniot' where custom of pre-emption prevailed since before enforcement of Punjab Pre-emption Act, 1913---Mere fact that house in question was situated in specific Mohallah was not sufficient to show that same was independent sub-division or that it was a new Abadi where custom of pre-emption did not prevail---Defendant had not pleaded in written statement  that  city  in  question,  was  divided  into  separate sub-divisions---Evidence on record had fully established that custom of pre-emption prevailed locality where house m question was situated. 68 Punjab Record 1890 rel. PLD 1977 Lah. 394; 1987 CLC 2156; PLD 1987 Lah. 205; Karim Ahmad v. Rehmat Elahi and others AIR 1946 Lah. 432; 68 Punjab Record 1890; Lal Chand's case AIR 1947 Lah. 265 and Hakim Rai's case AIR 1930 Lah. 528 ref. Ch. Mushtaq Ahmad Khan with Malik Yousaf Farooq and Malik Amjad Pervaiz for Appellants. Sh. Naveed Shahryar for Respondent. JUDGMENT This R.S.A. arises out of a suit for possession through pre-emption of a house No.R. H.53a, Block No.Vl, Mohallah Qasaban, Chiniot instituted on 21-5-1979 by the respondent. The suit was decreed by the trial Court vide judgment and decree dated 10-3-1986. The petitioner's appeal was dismissed by the Additional District Judge, Jhang vale his judgment and decree dated 7-12-1986.   The suit house was purchased by the petitioners through a registered sale-deed dated 22-S-1978 for a sum of Rs.1,10,000 from Muhammad Bakhsh etc. The house is situated in the heart of Chiniot City. The respondent, claiming himself to be a co-sharer in 1/3rd of the courtyard of the house and owner of the contiguous property filed the suit to pre-empt the disputed house The petitioners resisted the suit on various grounds which gave rise to the following issues:-   Whether the suit is time-barred? OPD   Whether the plaintiff is…