Law:

Section:

(a) Court Fees Act (VII of 1870) S. 7 (v) read with West Pakistan Land Revenue Act (XVII of 1967), S. 4 (xvi)= `Net assets"- Definition-Pre-emption suit--Net profits arising from land during year next before date of presentation of plaint-Court-fee in such case to be 15 times of net profits-Punjab Pre-emption Act (1 of 1913), S. 15. (b) High Court (Lahore) Rules and Orders, Vol. V, Chap. I-E(2)- Filing of affidavit-Chapter I-E not applicable to filing of affidavits in lower Courts.-[Affidavit]. (c) Punjab Pre-emption Act (I of 1913)- ---- S. 22(i)-Deposit of zar-i panjum-Order regarding filing of security bond-Held, does not constitute variation in original order. Raja Khan v. Muhammad Khan and another A I R 1930 Lah. 567 and Shabbir Hussain v. Muhammad Shafique P L D 1969 Lab. 393 rel. (d) Evidence Act (I of 1872)- -- S. 76-Documentary evidence-Objection as to formal proof of document not taken at earliest point of time-Held, cannot be heard at appellate stage-Civil Procedure Code (V of 1908), S. 96-[Khizar Muhammad and others v. Ghulam Muhammad and others P L D 1962 Lah. 492 held not applicable]. Khizar Muhammad and others v. Ghulam Muhammad and others P L D 1962 Lab. 492 held not applicable. P L D 1968 S C 140 ref. (e) Punjab Pre-emption Act (I of 1913)- -- S. 22-Sale price-Determination-No adequate evidence of market value of land in dispute-Held, resort to be had to sale price proved to have been paid by vendee. JUDGMENT MUHAMMAD SHARIF, J.-The propriety and the legality of the judgment dated 10-3-1981 pronounced by Ch. Riaz Mahmud, the learned Civil Judge 1st Class Bahawalpur, has been agitated in this appeal in which he passed a decree for possession by pre-emption of the land in dispute in favour of the respondents on payment of Rs. 2,80,000. 2. The facts giving rise to the instant appeal in substance are that the land in dispute measuring 306 kanals situate in village Aghapur Tehsil and District Bahawalpur belonged to one Ahmad Din son of Munshi Rahim Bakhsh, who sold the same in favour of the appellants by means of a sale deed registered on 20-6-1977 for an ostensible consideration of Rs. 3,31,575. Raja Mukhtar Ali Advocate and his brother Raja Fayyaz…

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