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

Section: 15 , 115

Punjab Pre-emption Act (I of 1913)-- ----S.15---Law Reforms Regulation, 1972 [M.L.R.115], para.25---Civil Procedure Code (V of 1908); S.115---Exemption from right of pre-emption ---Vendee claiming to be tenant of property in question resisting suit for pre-emption against sale of such property---Proof of tenancy---No documentary evidence on record in proof of tenancy ---Vendee was stated to be in possession on basis of ownership(Bawaja No Torr) in Khasra Girdawari---Entries in Khasra Girdawari do not carry presumption of the truth---Even if entries in Khasra Girdawari carried some weight or presumption of correctness, then the same stood rebutted by contents of plaint which was filed by vendee against vendor for possession of the land in question wherein he had clearly conceded possession of property with the third party (vendor) ---Pre-emptor had filed suit on basis of sale through decree obtained against vendor on basis of compromise by vendee ---Vendee was thus not in possession of land as tenant at the time of sale and as such judgment of Appellate Court suffered from non-reading of documentary evidence i.e. copy of plaint in a suit filed by vendee against third party---Trial Court had rightly relied upon copy of plaint to hold vendee as "not tenant" of land at the time of sale--Revision against judgment and decree of Appellate Court was accepted and judgment and decree passed by Trial Court was upheld in toto. Raza Hussain Shamsi for Petitioner. Allah Wasaya Malik for Respondents. Date of hearing: 8th October, 1989. JUDGMENT Through this single judgment I propose to dispose of two Civil Revision No.1709-D/83 filed by Muhammad Aslam and Muhammad Akram (hereinafter to be called as vendees) against Zia Ullah Khan (hereinafter to be called as pre emptor) and Civil Revision No.1781-D/83, filed by the pre-emptor against the vendees against the judgments and decrees dated 6-7-1983 passed by the learned Additional District Judge, Bhakkar. The facts briefly are that on 23-9-1980, the pre-emptor filed a suit for possession by pre-emption of agricultural land measuring 188 kanals and 13 marlas on the basis of being collateral, co- sharer in khata and…