Law:

Section:

(a) Civil Procedure Code (V of 1908)- - S. 100--Punjab Pre-emption Act (I of 1913), S. 19-Second appeal Pre-emption suit-Notice of sale through munadi-Question whether munadi held or not when taken up alongwith a consideration that whether contents of munadi constitute a sufficient notice so as to attract a waiver, held, becomes a mixed question of law and fact Rule of concurrent finding of fact not applicable in circumstances.[Finding of fact. (b) Punjab Pre-emption Act (I of 1913)- -- S. 19-Pre-emption suit-Notice of sale through munadi-Not envisaged .by Punjab Pre-emption Act yet notification of proposed sale by any form other than one given in Punjab Pre-emption Act not excluded Mention of price at which seller willing to sell land, held, an essential ingredient of notice-Notice through munadi not mentioning price at which vendor willing to sell his land, held further, cannot as to its contents be regarded as constituting proper notice. (c) Punjab Pre-emption Act (I of 1913)- -- S . 19-Civil Procedure Code (V of 1908), S. 100-Second appealPre-emption suit-Notice of sale lacking mention of price at which vendor willing to sell his land, held, not a valid notice to attract a waiver-Finding of Courts below on question of waiver set aside and suit decreed in second appeal. JUDGMENT This is a Regular Second Appeal having been brought from a judgment dated 22-2-1969 of the learned Additional District Judge, Sialkot whereby he dismissed the appeal of the appellants from a judgment dated Ist July, 1966 of the learned Senior Civil Judge, Sialkot dismissing the suit. , 2. Briefly the facts of the case are that the appellant alongwith Ilam Din instituted a suit on 1st October, 1964 to pre-empt the sale of 52 kanals 4 marlas of land through a registered deed dated 6th May, 1964 for Rs. 15,000, situated in village Fatta Toor, Tehsil Narowal, district Sialkot. The land had been sold by one Shukar Din to respondents Karam Dad and Muhammad Sharif. The appellant and 1lam Din claimed themselves as collaterals of Shukar Din. The suit was resisted by the vendees/respondents. The trial Court on the pleadings of the parties in view of their variance, framed seven issues,…

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