Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Punjab Pre-emption Act (I of 1913), Ss. 4 6 15-­Respondents suit for pre-emption, in respect of land purchased by petitioner, dismissed on ground that before purchase of suit land a document was written in which respondent and others relinquished their right of pre-emption--Trial Court holding that said document was duly proved on basis of oral evidence--Suit of respondent decreed by Appellate Court and High Court on ground that said document was not proved. Leave to appeal refused. Wahiduddin Virk, Senior Advocate Supreme Court with Maqbul A. Qadri, Advocate-on-Record for Petitioner. Naveed Shahryar, Advocate Supreme Court with Abid Nawaz, Advocate-on-Record for Respondent. Date of hearing: 2nd March, 1986. ORDER MIAN BURHANUDDIN KHAN, J.--Faiz Ahmad respondent had filed a suit against Ali Ahmad petitioner regarding the sale of land measuring 9 Kanals and some Marlas. In that suit the parties agreed that if Faiz Ahmad made special oath on the Holy Quran that he had not executed and signed the document Exh.D/1 that suit be decreed in favour of Faiz Ahmad. The oath was taken by Faiz Ahmad that he had not dxecuted or signed the document Exh.D/1, and, therefore, that suit was decreed in favour of Faiz Ahmad. 2. Faiz Ahmad respondent filed another suit for pre-emption regarding 23 Kanals and 18 Marlas of land purchased by Ali Ahmad. Before the purchase of this land, document EXh.D/1 was written in which it was stated that Faiz Ahmad and others have relinquished their rights of pre-emption regarding 23 Kanals and 18 Marlas of land. The trial Court held that the document Exh.D/1 was duly proved on the basis of oral evidence, and consequently, dismissed respondent Faiz Ahmads suit. He filed an appeal which was allowed by the learned Additional District Judge, per order dated 2-5-1985 and suit was decreed…

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