Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--S.15---Land Reforms Regulation, 1972 [M.L.R. 115], para. 25---Suit for pre­emption ---Pre-emption claim was based on being co-sharer in the Khata in question ---Vendees defended suit on basis of being co-sharers and tenants, of land in question---Proof---In relevant Jamabandi, pre-emptor had been shown as one of the co-owners in Khatas in which land in question was situate--­Names of vendees, however, did not appear in the column of ownership --­Vendees were also not shown as tenants on any portion of land in question --­Vendees thus, could not prove that they were either co-sharers or tenants of land in question ---Pre-emptor's suit for pre-emption had, thus, been rightly decreed. (b) Land Reforms Regulation 1972 [M.L.R.115]--- ----Para. 25---Qanun-e-Shahadat (10 of 1984), Art.70---Proof of facts by oral evidence ---Vendees in support of their claim of being tenants relying upon oral statements of Patwari and pre-emptor, that vendees were cultivating portion of specific square in which land in question was situate but no inference could be drawn from their statements that vendees were cultivating any portion of those Khatas in which land in question was situate ---Vendees, therefore, could not take advantage of oral statements of said witnesses to prove their tenancy in the land in question. (c) Punjab Pre-emption Act (I of 1913)--- ----S.15---Constitution of Pakistan (1973), Art.199---Suit for pre-emption was decreed by First Appellate Court on reappraisal of evidence and affirmed by High Court in second appeal on the ground that pre-emptor was co-sharer of land in question, while vendees were neither co-sharers nor tenants of the same ---Pre-emptor's suit having been rightly decreed, no interference was called for with findings of fact recorded by two Courts below. JUDGMENT SAAD SAOOD JAN, J.---This is an appeal by special leave from the judgment of the Lahore High Court whereby the judgment of District Judge, Faisalabad, was affirmed. 2. By a registered deed dated 4-6-1977 one Muhammad Khan sold his shares out of two joint Khatas, namely, Khatas Nos. 118 and 119, in the Jamabandi for the year 1973-74 of Chak…

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