Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--- ----S. 15---Oanun-e-Shahadat (10 of 1984), Art.114---Right of pre-emption--­Estoppel---Proof---Agreement to sell in favour of vendee was thumb-marked by the son of pre-emptor on basis of which waiver/estoppel was sought to be established---Stamp vendor and scribe of the agreement did not appear in the witness-box as also pre-emptor's son---Absence of pre-emptors signature or thumb-impression on the agreement in question was indicative of his absence at the occasion---No shred of evidence was produced to establish pre-emptor's collaboration in the impugned sale---Onus to establish waiver/estoppel being on the vendee, he failed to discharge such burden by producing credible and convincing evidence---Evidence of a stray witness speaking on the conduct of pre-emptor was insufficient---Waiver was conscious relinquishment of a known civil right by clear words or conduct leading to a conclusion that pre-emptor gave his consent to sale showing his unequivocal. mind that he was not interested therein---Assumed presence of pre-emptor's son, which fact was not proved otherwise, did not prove pre-emptor's consent to the proposed sale to denude him of his clear right of pre-emption--­Estoppel/waiver of the right of pre-emption by pre-emptor was not established in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Interference on a finding of fact, when justified---Each and every finding on question of fact by a Court in appeal' was not wholly sacrosanct---Where record was misread or grossly erroneous inferences were raised from it or scant evidence was on record to support a finding, Court in revision, could competently review the finding. AIR 1935 Cal. 102; AIR 1931 Cal. 27; AIR 1929 Nag. 228 and AIR 1949 Him. Prat 4 rel. (c) Waiver--- ---- Pre-emption---What constitutes waiver. JUDGMENT Only material issue surviving for decision in the civil revision filed by the pre-emptor was, whether he had waived his pre-emption and was estopped to sue for it as held in the lower appellate Court. Facts bearing on the decision. of the issue were briefly these:-- A double-storeyed house bearing Survey…

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