Law: Qanun-e-Shahadat (10 of 1984)

Section: 132

  Qanun-e-Shahadat (10 of 1984)--- ----Art. 132---Cross-examination---If a person had come to a witness-box and stated fact on oath and was not subjected to cross-examination by other party, that statement would be accepted to be admitted true against party who had not cross-examined that witness. Punjab Pre-emption Act (1 of 1913)--- ----Ss. 21 & 30---Civil Procedure Code (V of 1908), S. 100---Pre-emption suit--Limitation---Second appeal ---Scope---Vendees/appellants had claimed that they having taken physical possession of land in dispute on the very date it was sold by vendor to them, pre-emption suit filed by pre-emptor/respondent after expiry of prescribed period of one year from taking physical possession of land by them was barred by time---Two Courts below after objective appraisal of evidence on record had concurrently concluded that vendees had failed to prove that they had taken physical possession of land in dispute on the very date sale was made in their favour and that pre-emption suit filed by pre emptor within one year from date of attestation of mutation in respect of such land was within time---Concurrent finding of fact of Courts below based on evidence on record and not suffering from any misreading/non-reading, could not be interfered with in second appeal especially when such finding was. not in defiance of any express provisions of law. Allah Yar v. Raja 1989 SCMR 802; Abdul Ghani v. Lal Bux 1989 CLC 241; Imam Ali Shah v. Muhammad Sharif Khan 1976 SCMR 362; Iqbal Muhammad Khan v. Abdul Haq Ch. 1983 SCMR 567 and Elahi Bakhsh v. Balqees Begum 1992 SCMR 2443 ref. Ch. Khurshid Ahmad for Appellants. M. Zainul Abidin for Respondents. Dates of hearing: 21st and 2nd November, 1993.   JUDGMENT The only point urged and falling for determination, in this regular second appeal, is `whether the suit for pre-emption filed by respondents in the Court of first instance was barred by time? The facts in brief, are: that on 23-2-1965 Farzand Ali reported to the Patwari that he had made the sale of agricultural land measuring 124 Kanals 18 Marlas situated in the area of Mauza Daggar Rohtas Gharbi, Tehsil Bhakkar in favour of Khushi Muhammad,…