Law:

Section:

Punjab Pre-emption Act (I of 1913)--------Ss. 5 & 15---Civil Procedure Code (V of 1908), S. 100.---Right of pre­emption against sale of property---Question whether suit property was shop and whether custom of pre-emption prevailed in the area at the time of promulgation of Pre-emption Act, 1913---Determination of---Criteria---Trial Court decreed plaintiff's suit on the ground that property in question, being house was pre-emptible and that custom of pre-emption existed in that area---First Appellate Court reversed such finding on the ground that said property being "shop" was not subject to pre-emption and that custom of pre-emption could not be proved---Validity---For determining character of property, term 'shop' must be given its ordinary meaning i.e., primary and principal purpose for which property was being used; locality where property was situated alongwith structural appearance of building---Where property in question was being used for two purposes, principal purpose for which the same was being used at the time of sale, was to be kept in view, to determine nature of property---Evidence on record clearly indicated that on ground floor of building three shops were occupied by tenants while negligible part of upper portion was being used as store wherein goods of shops were stored---Such evidence would be sufficient to hold that property in question, was commercial and was covered by definition of "shop "---First Appellate Court for cogent reasons and on true appraisal of material evidence had rightly found that property in question, being shops was not subject to pre-emption ---Custom of pre-emption was also not proved in that area---Copies of some documents in suits of recent origin, would not justify that custom of pre-emption existed in that area at the time of commencement of Punjab Pre-emption Act, 1913---Judgment and decree of First Appellate Court dismissing suit would not justify interference in second appeal. Jaithu Mat v. Janki Das and others AIR 1917 Lah. 413; Lal Chand and others v. Mst. Begum 71 IC 746; Jhabban Lal and another v. Muhammad Umar and another AIR 1925 Lah. 544; Narain Singh v. Maul Singh and others AIR 1925 Lah.126; Ch.…

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