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

Section: 4 , 22 , 8

  Punjab Pre-emption Act (I of 1913)--- ----Ss. 4 & 22---Oaths Act (X of 1873), S.8---Decision of pre-emption suit was made on the oath on Holy Qur'an and was decreed---Appellant/defendant preferred appeal on the ground that suit was hit by the principle of partial pre emption and "Zar-e-Panjum" was not deposited in time but Appellate Court dismissed the appeal---Offer of special oath was made on 10-6-1969 and the oath was recorded on 25-6-1969---No steps were taken by the appellant/defendant during all this time if he wanted to resile from this method of decision by the Court---Mode of decision of the suit on the basis of oath was adopted by the parties of their own free-will---Question raised by appellant/defendant in both the appeals had no relevance at all in view of his own consenting arrangement for the decision of the suit on the basis of oath---Judgment and decree of the lower Courts was upheld in circumstances. Ghulam Muhammad and others v. Khushi Muhammad and another PLD 1973 SC 444: Najibullah Khan and another v. Fazal Karim and 2 others 1997 SCMR 1085: Abdul Wahab v. Habib Ali PLD 1969 Lah. 365; Atiqullah v. Kafait Ullah 1981 SCMR 162 and Haji Muhammad Asghar v. Malik Shah Muhammad Awan PLD 1986 SC 452 rel. Administration of justice--- ---- Once a mode (procedure) for decision is adopted by the Court on the request of the parties, the decision given in pursuance thereof should be given effect to and that the parties were estopped from challenging such mode of decision subsequently. Ch. Ihsan Ullah for Appellant. Kanwar Akhtar Ali for Respondent. Date of hearing: 29th October, 1998. JUDGMENT   This is second appeal from the judgment and decree, dated 9-2-1970 passed by the learned District Judge, Sahiwal whereby he dismissed the appeal of the appellant. The background of the case in brief is that Eisa Khan respondent No.2 sold the suit land to Muhammad Hussain appellant through his attorney and son Muhammad Hassan vide Mutation No. 108, dated 26-8-1967. Muhammad Taqi respondent now represented by his legal heirs filed a suit for pre-emption claiming superior right on the ground of being son of the vendor Eisa Khan. The…