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

Section: 15 , 16 , 100

  Punjab Pre-emption Act (I of 1913)-- ---Ss.15 & 16---Civil Procedure Code (V of 1908), S.100---Courts below had applied conscious mind to the relevant material and evidence on record and had given sound and cogent reasons for concurrently finding that suit land was an agricultural land and village immovable property and not urban immovable property---Copy of Jamabandi and Khasra girdawari for relevant years showed the suit land as agricultural land and most of the Khasra numbers of suit land were under cultivation---Registered sale-deed did not show that suit property was an urban immovable property or was sold for residential purposes---No evidence on record was available to show that at the time of sale the suit land was no longer part of village immovable property or had become a suburb of the town-- Application of appellant for production of additional evidence was rightly rejected by first Appellate Court---Suit land thus was not an urban immovable property within the meaning of S.16 of the Act and no exception could be taken to the findings of the Courts below on the nature of suit property. Punjab Pre-emption Act (I of 1913)-- --------S. 4--Right of pre-emption ---Appellant in his first written statement had not disclosed the transaction of gift in his favour---Alleged gift was not through any registered deed and therefore, it could not be said with certainty as to when the land was really transferred by way of gift---Plea of appellant of having become co sharer in the estate through gift of land in his favour seemed to be false and afterthought---Respondent, on the other hand was co-owner in the estate at the time of sale of land while appellant had not been proved to be a co-sharer in the estate at that time or before the filing of the pre-emption suit by respondent-- Appeal of appellant, thus was rightly dismissed by the First Appellate Court. Raza Hussain Shamsi for Appellant. Taqi Ahmad Khan for Respondent. Date of hearing; 25th October, 1989. JUDGMENT On 21-10-1979, Imam Din respondent filed suit for possession by pre-emption of land measuring 32 Kanals 12 Marlas situated in Narowal against Munawar Ali defendant-appellant on the ground…