Law:

Section:

Punjab Pre-emption Act (I of 1913)­ -- S. 5-Word "shop"-Definition-Term "shop" not defined in Act-To be given ordinary meaning and to be understood in its usual and accepted connotation-Building primarily and mainly used for sale of bakery items prepared therein-Held, to be a "shop".-[Words and phrases]. Jhabban Lal and another v. Muhammad Umar and another A I R 1925 Lah. 544 and Jas Raj Jun iwal v. Gokal Chand Jaini A I R 1935 Lah. 808 fol. Wadhawa Mal v. Lachman Das and others A I R 1924 Lah. 213 (1) ; Sandhi v. Khair-ud-Din and others A I R 1927 Lah. 328 ; Ghulam Ahmad Khan v. Diwan Sheikh Ghulam Qutab-ud-Din P L D 1960 Lah. 461 ; 113 P R 1906 and 70 P R 1898; Oxford Dictionary and Stroud's Judicial Dictionary ref. ORDER This judgment will dispose of two appeals (R. S. A. No. 31/1982 and R. S. A. No. 32/1982) filed by Qazi Abdul Ali against the judgments and decrees dated 13-7-1981 of the learned District Judge, Jhelum. 2. Briefly stated the facts forming background of appeal (R. S. A. No. 31/1982) are that Qazi Abdul Ali, appellant, filed a suit for possession through pre-emption asserting that the property in dispute was being used as a store and for residential purposes and as such it was not in reality a shop but fictitiously the property sold was mentioned as shop in the registered Sale Deed in order to defeat his right of pre-emption. He had claimed his superior right of pre-emption on the basis of having a property contiguous to the property in dispute and that the right of pre-emption existed in the locality in which the property in dispute was situate. The respondent contested the Bait and controverted all the allegations of the appellant. He pleaded that the suit property was in fact a shop and as such it was not pre-emptible. The learned trial Judge vide his judgment and decree dated 26-3-1981 dismissed the suit of the appellant holding that the suit property was a shop. On appeal the first appellate Court affirming the abovesaid finding of the trial Judge dismissed the appeal vide judgment and decree dated 13-7-1981. 3. The factual background of the other appeal (R. S. A. No. 32/1982) is that in the suit for possession through pre-emption filed…

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