Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-------S.15---Civil Procedure Code (V of 1908), S.16---Suit for pre-emption decreed by Courts below---Validity---Defendants claimed that Appellate Court which had decided their appeal lacked territorial jurisdiction---Report furnished by District and Sessions Judge concerned showed that appeal was specifically entrusted to Additional District Judge by District Judge, therefore, no exception could be taken to lawful authority of Additional District Judge concerned to decide defendants' appeal, for, the same was competently entrusted to him by District and Sessions Judge---Defendants' appeal was, thus, competently decided by Appellate Court. Sultan Ali v. Khushi Muhammad PLD 1983 SC 243; Muhammad Bakhsh v. Zia Ullah and others 1983 SCMR 988 and Pir Bakhsh v. Budhoo PLD 1978 BJ 86 ref. (b) Punjab Pre-emption Act (I of 1913)--- ----S.15---Suit for pre-emption based on ownership in village---Plaintiffs' ownership in village in question, having been admitted by defendants in their evidence as also by one of their witnesses, plaintiffs were not required to prove factum of their ownership by documentary evidence---Plaintiffs' assertion in evidence that they had become owners in village before sale in question through registered sale-deed, and his such statement having not been controvertea, same would be deemed to have been admitted---Decrees and s rendered by Courts below were maintained in circumstances. JUDGMENT This revision petition under section 115 of C.P.C. is directed against the judgment and decree, dated 26-2-1996 of Additional District Judge, Hasilpur whereby the petitioners' appeal against the judgment and decree, dated 5-1-1983 of Civil Judge 1st Class, Hasilpur has been dismissed. 2. The facts, in brief, are that Ghulam Ali Shah was the owner of the land in dispute, detailed in the plaint, and the same was sold by him in favour of the defendants /petitioners through a registered sale-deed, dated 29-6-1978 for a consideration of Rs.30,000, the sale was pre-empted by the respondents by filing a suit for possession through pre-emption against the petitioners on 7-5-1979 with the assertions that the plaintiffs were…

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