Law:

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Constitution of Pakistan (1973)-Art.185(3)--Punjab Pre-emption Act (I of 1913), S.7--Custom of Pre-emption--Whether prevalent--Burden of proof--Leave granted to consider whether: (i) their existed a Town/Sub-Division at relevant time for purpose of the Punjab Pre-emption Act, 1913 could be presumed in absence of any evidence on record; and (ii) There was no presumption either in favour of existence of right of pre-emption or against it.--[Burden of proof]. Mst. Maqsood Begum v. Moulvi . Abdul Haq and others P L D 1968 Lah. 897 and Pervez Akhter v. Muhammad Arif P L D 1977 Lah. 394 rel. ORDER S. A. NUSRAT, J.-- This petition for leave to appeal is from the judgment of the Lahore High Court Multan Bench dated 3-3-1984 whereby the First Appeal of the petitioner challenging the order of the learned Additional District Judge, Multan dated 3-7-1982 was dismissed 2. A suit for possession through pre-emption was instituted by the respondent against the petitioner in respect of house No.4930 situated in Mohalla Valvat outside Bohar Gate, Multan City. The right of pre-emption in the suit was claimed on the ground of contiguity to the property of the plaintiff /respondent and common entrance. The suit was dismissed by the learned trial Court on 24-5-1980 having found under sue No.4 that, (i) the custom of pre-emption did not prevail in the locality in which the suit house was situated and (ii) the property was not proved to be urban. However, on appeal by the respondent the learned Additional District Judge, Multan reversed the above findings on 3-7-1982 and held that since custom of pre-emption was proved to be prevalent in the Sub-Division of Mauza Taraf Ismail it was not necessary for the plaintiff /respondent to prove existence of such custom in the Mohalla and Street. With such findings the case was remanded to the trial Court for decision of the remaining issues. This judgment was challenged by the petitioner in an F.A.O. before the High Court which was dismissed as per impugned judgment. 3. The learned counsel after taking us through the judgments passed in the case and the evidence on the record, contended that the plaintiff/ respondent had failed to prove that…

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