Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)-------Ss. 5, 6(1)(a) & 13---Civil Procedure Code (V of 1908), O.XLI, R.22---Pre-emption suit---Sale of land falling in four Khatas through single transaction/mutation---Both pre-emptors claimed to be co-sharers in suit-land---Trial Court dismissed suit on preemptors' failure to prove Talbs, but Appellate Court decreed the suit---Validity---Revenue Record showed that one pre-emptor was co-sharer in two Khatas, while in other two Khatas, other pre-emptor was co-sharer---Both pre-emptors were not co-sharers in all four Khatas---Pre-emptors in order to succeed in their claim had to prove their preferential right in each Khatas at three stages; on date of sale, on date of institution of suit and on date of passing of decree ---Vendee by filing separate appeal or cross-objection had not challenged findings of Trial Court on issue of superior right of pre­emption ---Pre-emptors could not establish their superior rights of pre­emption being co-sharers in all Khatas---Courts below had not considered such important documentary evidence---High Court accepted revision petition and set aside impugned /decree while restoring that passed by Trial Court. Hasil and another v. Karam Hussain Shah and others 1995 SCMR 1385; Allah Ditta and others v. Said 2000 SCMR 1257; Malik Mitha v. Jamal Din and 2 others PLD 1990 Lah. 186; Jalal Khan v. Muhammad Banaras and 2 others 1988 CLC 414 and Khuda Dad v. Ahmad Khan 1988 CLC 25 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R.33 & S.100---Party claiming equitable relief---Non-filing of appeal by such party---Effect---Filing of appeal by such party not necessary---Appellate Court had power to vary or reverse decree of lower Court in favour of a party failing to prefer appeal---Where Trial Court failed to take stock of important legal point, then Appellate Court could interfere with and decree passed against a person, who had not challenged same in appeal---High Court under S.100, C.P.C., could set aside of Appellate Court in such situation. Mahboob Alam v. Mir Zaman and others PLD 1974 Lah. 218 rel. (c) Civil Procedure Code (V of 1908)--- ----Ss. 96, 100 & 115---Revision…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492