Law:

Section:

Punjab Pre-emption Act (I of 1913)-------Ss. 4, 17 & 21---Civil Procedure Code (V of 1908), 5.100---Suit for pre­emption---Rival suit--Second appeal--Plaintiff who filed suit for pre­emption on ground of being collateral of vendor had resisted rival suit filed by daughter of the vendor alleging that suit filed by. her was collusive and was filed not for her own benefit, but for the benefit of vendee and at the instance of vendee ---Daughter of vendor who was a simple, illiterate and Pardahnashin village lady, though in her examination-in-chief had stated that she had filed suit at the instance of vendee, but in her cross-examination, she had clarified that she wanted suit-land for herself and no one had forced her for filing suit---In order to prove collusion of rival pre-emptor with the vendee, strict and cogent evidence was necessary but except the admission of daughter of vendor (clarified in her reply to a Court question) no relevant evidence was on record to prove alleged collusion---To appreciate evidence of daughter of vendor, her social set-up, status and her village background would have to be kept in mind---Claim of pre-emptor that rival suit filed by daughter of vendor was collusive and was for the benefit of vendee, could have carried weight had she not been a Pardahnashin, illiterate and simple villager woman---Finding of Appellate Court below that no collusion existed between daughter of vendor/rival pre-emptor and the vendee, arrived at after properly appreciating evidence on record, could not be interfered by High Court in second appeal. Ghulam Qadir v. Mst. Chattal 1983 CLC 2572; Mst. Shehnaz v. Akhlaq Khan 1996 MLD 1060; Altaf Hussain v. Abdul Majid 1991 SCMR 2523; Jam Pari v. Muhammad Abdullah 1992 SCMR 786; Muhammad Amin v. Maqbool Ahmed 1993 SCMR 498: Lal Din v. Allah Ditta PLD 1967 Lah. 703; Mehr Kamir v. Wali Muhammad and 5 others PLD 1973 Lah. 137 and Muhammad Shafi v. Sardar Khan PLD 1974 Lah., 235 ref. JUDGMENT This judgment will cover R. S. As. 1010 and 1011 of 1979 as both of them are between the same parties and are based on common questions of law and facts. 2. This appeal is directed against the judgment and decree of…

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