Law:

Section:

Punjab Pre-emption Act (I of 1913)--S.15---Constitution of Pakistan (1973), Art.185(3)---Pre-emption suit--­Question of ownership in patti in which land in question was situated ---Proof--­Finding of Courts below was clear that plaintiff did not own any land in particular patti---Patwari's oral statement was not sufficient to support plaintiff's claim as an owner in particular patti---Patwari had made a statement off the record and he admitted that in current Jamabandi there was no mention of "Tarafs"---Facts having been properly appreciated by Courts below did not require re-appraisal by Supreme Court---No point of law was involved---Leave to appeal was refused in circumstances. ORDER ABDUL QADEER CHAUDHRY, J.---Leave to appeal is sought against the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 14-5-1989. 2. The facts, in brief, are that land measuring 20 kanals 3 marlas in village Pourmiana; Tehsil and District Attock, was sold by its owner Fateh Muhammad to Rehmat Din, through Mutation No.3366 attested on 23-1-1968, for a consideration of Rs.10,000. Sher Muhammad, the father of the petitioners 2 to 5 brought a suit for possession through pre-emption in the Court of Civil Judge. The qualification of pre-emptor was claimed to be that the plaintiff was an owner in estate and the patti in which the land in question was situated while the defendant did not have these qualifications. The sale price was also disputed. The suit was contested and various issues were framed. The trial Court decided all the issues in favour of the plaintiff and against the defendant and decreed the suit on 1-11-1969 subject to the deposit of pre-emption amount of Rs.5,000 before 24-12-1969. In appeal, the learned District Judge Campbellpur set aside the decree of the trial Court and ordered the suit of the plaintiffs to be dismissed. This order of the first appellate Court was challenged by the plaintiffs in second appeal. The appeal was dismissed by the High Court. 3. Learned counsel for the petitioners submitted that the plaintiffs were the owner in patti. The…

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