Law: Punjab Pre-emption Act, 1913

Section: 19

Law: Evidence Act 1972

Section: 115

(a) Punjab Preemption Act (I of 1913)  S. 19, PreemptionWaiverMere attestation of saledeed by a person having superior right of preemptionDoes not amount to waiver.[Waiver] (b) Punjab Preemption Act (I of 1913)  S. 19PreemptionWaiverPreemptor taking part in transac tion doing some other overt acts in relation theretoDeemed to have waived his right of 'preemption. [Preemption Waiver]. Bhagat Ram v. Raghbar Dial etc. A I R 1925 Lah. 57 rel. (c) Punjab Preemption Act (I of 1913)  S. 19 and Evidence Act (I of 1872), S. 115Preemption EstoppelEvidence on record proving contents of document being known to preemptorEstoppel, held, created in circumstances. [Estoppel]. (d) Punjab Preemption Act (I of 1913)  S. 19 and Evidence Act (I of 1872), S. 115Preemption suit Estoppel by waiverProspective preemptor signing saledeed as an attesting witness and contents read over to himPreemptor denying his attestation only to avoid consequences of knowledge thereofSuch person, held, deemed to have waived his right and thus estopped to file a suit for preemption.[ EstoppelPre emptionWaiver]. Date of hearing : 2nd March, 1980.                                                                                                      JUDGMENT Land measuring 62 Kanals was sold by Allah Din and Muhammad Din in favour of Inayat Ullah for Rs. 13,000 vide registered sale deed dated 17th February, 1974 (Fxh. D/1). Two suits were filed to preempt .he sale. One by Ghulam Muhammad the present appellant and the other by Muhammad Bakhsh respondent No. I and were consolidated and tried together. The learned trial Court held the right of Ghulam Muhammad appellant superior to that of the vendee and the right of Mohammad Bakhsh the rival preemptor superior to that of the vendee as wall as Ghulam Muhammad. Ghulam Muhammad appellant raised the plea that Mohammad Bakhsh respondent No. I had waived his right of pre emption by…