Law:

Section:

(a) Court Fee Act ( VII of 1570)- -- Ss. 7(v) & 28 and Civil Procedure Code (V of 1908), O. VII, r. 11, Ss. 148 & 149 and Limitation Act (X of 1908), S. 3-Court-feeDeficiency, making up of-Respondent cunningly valuing his appeal or. basis of fifteen times of so-called net profits despite fact of suit land being uncultivated throughout and ceasing to yield any net profits-Such deliberate and wilful default on his part, held, disentitles respondent to any indulgence of a Court of law by way of enlargement of time for making up deficiency in court-fees so as to demolish defence of limitation accruing in meantime to appellants. Mst. Walayet Khatoon v. Khalil Khan ,P L D 1979 S C 821 rel. (b) Court Fees Act (VII of 1870) - Sched. 11, Art. 11-Repeal of enactments-Court-fee payable-Right of appeal one thing and payment of court-fee another-Appeal, held, must be valued according to provision of law in operation at time of its presentation and original value put in plaint under repealed enactment to be disregarded.-[Interpretation of statutes-Appeal (civil)]. Manzoor Hussain v. Ejaz Hussain P L D 1972 Lab. 743 ref. (c) Evidence Act (I of 1872)- -- S. 103-Burden of proof-Onus of proof of issue in civil case-Not permanently fixed but constantly shifting-Some evidence placed on record may shift onus on other side who may fail if unable to rebut such evidence. JUDGMENT This is a regular second appeal directed against the judgment and decree dated 1-3-1979 passed by the Additional District Judge, Gujrat, whereby he reversed the judgment and decree dated 14-2-1975 passed by the Civil Judge, Gujrat in a pre-emption suit. 2. The brief facts of the case are that Akbar Ali and others, the vendees (defendant/appellants) purchased the suit land measuring 3 kanals, 18 marlas situated in the Revenue Estate of Kharian, District Gujrat, for an ostensible sale price of Rs. 7,000 through an oral sale evidenced by a Mutation bearing No. 8488 attested on 1-5-1968. This transaction of sale was pre-empted by Ehsan Elahi respondent, the son of the vendor. The relevant plaint was filed on 7-4-1969 in the Court of Civil Judge, Gujrat. The vendee-defendant resisted the suit and out of…

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