Law:

Section:

Punjab Pre-emption Act, 1913-- ----S. 7--Evidence Act, 1872, S. 43--Custom of pre-emption prevails in a particular Mohallah or a sub-division within the meanings of Section 7 of Act, the proof of an adjoining area or neighboring mohallah or sub-division carries no value--It can be a supplementary proof and by itself is not sufficient to establish the existence of custom in neighboring sub-division--Held: Proof of prevailing custom, us relate to the town where town is not divided in to sub-division and in such circumstances, the inquiry cannot be confined to a particular Mohallah or street. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 56--Evidence Act, 1872, S. 43--Exception clause--Judgment, decree or order, which relates to a matter of public nature--Existence of a right of way or of a general custom or usage, fall as within the exception clause of S. 43 of the Evidence Act, 1872 and Art. 56 of Qanoon-e-Shahadat Order, 1984--Such decisions are relevant and can be considered even when they are not produced formally in evidence--Appeal dismissed. 1985 SCMR 81 & AIR 941 Privy Council 21, rel. THIS JUDGMENT DELIVERED BY: SYED HAMID ALI SHAH, JUSTICE---.--- Backdrop of the instant controversy is that Abdul Ghani appellant filed a suit for pre-emption against the respondent regarding the suit land situated in Abadi Naya Mohalla, Jhelum bearing No. B-IV-4.S.9 and B-IV.S.10. The land was originally owned by Asmat Ara and was sold through three separate sale-deeds registered on 26.01.1976. The possession of the suit property was delivered to the vendees. Pre-emptor claimed his superior right, being co-owner and having common wall. The respondent resisted the suit and denied superior right of the pre-emptor. Learned trial Court, after framing eight issues, recorded evidence of the parties, and on conclusion of the trial, granted decree of pre-emption to the pre-emptor/plaintiff, vide judgment and decree dated 16.09.1981. The respondent successfully assailed the judgment and decree of learned trial Court before learned First Appellate Court. Learned lower appellate Court, while accepting the appeal set aside the judgment and decree of learned trial Court and…

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