Law:

Section:

Punjab Pre-emption Act (I of 1913)--S. 16---Constitution of Pakistan (1973), Art. 185(3)---Right of pre-emption in urban immovable property---Leave to appeal was granted to consider whether town in question, where admittedly custom of pre-emption prevailed prior to 1913 was not sub-divided into sub-divisions so as to necessitate proof of existence of pre-emption in each sub-division---Mere fact that town in question, was composed of several Mohallas would not per se require pre­emptor to prove that in Mohallah where property in question was 6ituated, custom of pre-emption was prevalent since before 1913 and when property in question, was part of the town concerned and was not added to its limits after 1913 i.e. after the enforcement of Punjab Pre-emption Act, 1913. ORDER WALI MUHAMMAD KHAN, J.---Altaf Hussain and Niaz Hussain, petitioners herein, call in question the judgment dated 28-2-1993 passed by a learned Single Judge of the Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby their Regular Second Appeal No.154 of 1982 against the judgment of District Judge dated 16-5-1982, was dismissed. The facts of the case, stated in a nutshell, are that Plot No.BV/179 to BV/181 measuring 13 Marlas and 2 Sarsahis (397 square yards) situated in the Abadi of Pindigheb Town was purchased by Ghulam Muhammad respondent vide registered sale-deed dated 5-3-1974. The petitioners filed a suit for pre­emption on the ground of ownership of contiguous house. The respondent contested the suit and besides denying superior right of pre-emption of the plaintiffs/petitioners also alleged that no custom of pre-emption existed in the locality where the suit property was situated and that the suit for pre-emption is not entertainable. Necessary issues in the case were framed, evidence led pro and contra thereon recorded and the learned trial Judge, vide his judgment and decree dated 3-7-1981, decreed the suit of the plaintiffs/pre-emptors. However, the first appeal filed by the respondent before the District Judge succeeded vide judgment and…

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