Law:

Section:

Punjab Pre-emption Act (I of 1913)--Ss.15, 21 & 30---Suit for pre-emption ---Limitation---Trial Court though held that plaintiff/pre-emptor was possessed of superior right of pre-emption being owner in estate, but dismissed suit as having been filed beyond one year from the date vendee took possession under sale---Appellate Court below holding suit within time, reversed of Trial Court and decreed the suit---High Court affirmed of Appellate Court below ---Validity---Factum of taking physical possession was to be proved by vendee by visible, tangible and convincing oral or documentary evidence, but vendee had failed to prove same by any evidence---Appellate Court below and High Court both concurred against plea taken up by vendee ---In absence of any overlooking of any evidence or misreading of any evidence by Appellate Court below and High Court, no justification could be shown for interference by Supreme Court in agreed decision of two Courts. Niaz Ahmad and others v. Mian Abdul Rahman PLD 1961 (W.P.) BJ I and Fiaz Bakhsh through Legal Heris and others v. Faqir Muhammad and others 1997 SCMR 1617 ref. JUDGMENT ABDUR REHMAN KHAN, J.---This appeal arises with leave of the Court against the judgment of a learned Judge of the Lahore High Court passed on 13-5-1992; whereby, the revision petition filed by the appellant impugning the legality of the judgment and decree of the Appellate Court and requesting for restoring that of the trial Court was not acceded to. 2. The factual aspect of the case is that Atta Muhammad, since dead and represented by the respondents, pre-empted the sale brought about by Mutation No.38 sanctioned on 27-3-1974 in favour of the appellant/vendee asserting superior pre-emptive right on the ground of being owner in the estate and also being collateral of the vendor. The learned trial Judge by judgment, dated 24-3-1976 although held that the plaintiff was possessed of superior right of pre­emption being the owner in the estate but dismissed the suit as having been filed beyond one year from the date the vendee took possession under the sale. Plaintiff/respondents impugned the correctness of this judgment in the Appellate Court and the…

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