Law:

Section:

Punjab Pre-emption Act (I of 1913)--- ----S. 15---Qanun-e-Shahadat (10 of 1984), Art. 114---Suit for pre-emption--­Estoppel---Proof of---Vendees had claimed that pre-emptor who though had superior right of pre-emption being a collateral of vendor and co-sharer in Khata concerned, yet had waived his right as prior to sale in dispute the land was offered to him, but he refused to purchase the same---Version of vendees had fully been supported by witnesses who undisputedly stated that offer of sale was made to pre-emptor at two different places in Punchayats, but he refused to purchase same ---Pre-emptor had himself admitted in his statement that he had refused to purchase, land in dispute for the reason that same was sold at lesser price as mentioned in sale-deed ---Vendees had fully discharged onus with regard to estoppel and burden was on the pre-emptor to prove that land was actually sold for lesser price than shown by vendees in sale-deed, which pre-emptor had failed to prove---Appellate Court below, in circumstances, not only had misread record, but also had wrongly rejected vendees' evidence on question of estoppel on entirely untenable grounds and reversed finding of Trial Court on issue of estoppel without adequately meeting reasoning advanced by it---Judgment and decree, passed by Appellate Court below was set aside and that of Trial Court was restored.--[Estoppel]. Natha Singh v. Sundar Singh AIR 1926 Lah. 10; Qaim Din v. Said Ahmad PLD 1967 Lah.,.1171; Mehr Kamir v. Wali Muhammad and 5 others PLD 1972 Lah. 287 and Hafiz Hasan Muhammad v. Abdul Hamid PLD 1982 SC 159 ref. JUDGMENT The brief facts giving rise to the present appeal are that the respondent filed a suit for possession through pre-emption on 3-2-1970 in the Court of-Civil Judge, Gujrat to pre-empt the land measuring 16 Kanals and 18 Marlas, situated in village Mari Waraichan, Tehsil and District Gujrat. The disputed land was sold to the appellant for a sum of Rs.12,000 through registered sale-deed dated 8-4-1988 (Exh. Dl). The plaintiff/respondent claimed superior right of pre-emption on the ground of being a collateral of the vendor and co-sharer in the Khata pertaining to the disputed land…

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