Law:

Section:

(a) Constitution of Pakistan (1973)--- Art. 185(3)-Punjab Pre-emption Act (I of 1913), S. 15-Prefren­tial right of pre-emption-Person in order to prove his preferential right of pre-emption relying only upon school leaving certificate which was tendered in evidence by his counsel-Neither such person nor any body on his behalf appearing as witness to support his claim­ High Court relying only upon averment made by such person in his plaint that he was son of vendor but same was controverted by opposing party in their written statement-Contention that findings of Courts below were based on no evidence-Leave to appeal granted to examine contention. (b) Constitution of Pakistan (1973)- -- Art. 185(3) - Punjab Pre-emption Act (I of 1913), S. 15-Civil Procedure Code (V of 1908), O. XLI, r. 5-High Court granting stay to petitioners subject to their paying money on yearly basis to respon­dent as compensation for use and occupation of land in dispute with direction that if matter remains pending beyond a year direction shall be deemed to be repeated on expiry of every year-Contention that stay was granted on onerous terms since profit of land in dispute did not exceed more than half the amount fixed as compensation and prayed that stay be extended or payment of half the compensation money fixed by High Court--Supreme Court while granting leave to appeal ordered Tehsildar of area, where property was located, to hear parties on question of income of land in dispute and submit report to Supreme Court as to proper amount that should be fixed as compensa­tion for use and occupation of land. Sh. Hamid Mukhtar, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 28th February, 1984. ORDER NASIM HASAN SHAH, J.-It has, inter alia, been argued that the respondent in order to prove his preferential right of pre-emption relied only upon the school leaving certificate which too was tendered in evidence by his counsel. Neither the respondent…

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