Law: Punjab Pre-emption Act, 1991

Section: 15

Law: Constitution of Pakistan, 1973

Section: 185(3)

Punjab Pre emption Act (I of 1913)   S. 15 Constitution of Pakistan (1973), Art. 185(3) Suit for pre emption decreed by all the Courts below including the High Court Validity ¬Petitioner had contended that Courts below had misread evidence and ignored material oral and documentary evidence of delivery of possession of land under the sale and document which was found to be genuine by comparison of thumb impression of executant by Finger Print Expert had been discarded for no cogent reason KhasraGirdawari also supported delivery of possession and that findings of Courts below were based on surmises and conjectures having no basis in the evidence; and established principle of preponderance of evidence in deciding civil cases had been ignored Leave to appeal was granted to consider contention raised by petitioner. ORDER FAZAL ILAHI KHAN, J.These three petitions for leave to appeal are directed against the judgment of Lahore High Court, Rawalpindi Bench, Rawalpindi dated 22 6 1994 passed in Civil Revision Petitions Nos. 356, 357 and 358 of 1985 involving identical, factual and legal questions. 2. Petitioner in these three cases purchased agricultural land through separate sale deeds. Respondent asserting his superior right of pre emption pre empted the sale through three separate suits. Petitioners while contesting the suits stated that they had orally purchased the suit land in the year 1976 and had obtained possession under the sale on payment of sale consideration; that the possession of the land was handed over to one Sadiq son of Wali Muhammad through an agreement deed, dated…

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