Law:

Section:

Punjab Pre-emption Act, 1991 (IX of 1991)- ----S. 5--Right of pre-emption--No adverse inference is to be drawn in case of denial by any of the party to accept offer of special oath--A.D.J acted with material irregularity in exercise of jurisdiction while holding the transaction to be a sale. [P. 734] A Punjab Pre-emption Act, 1991 (IX of 1991)- ----S. 5--Sakni land--Relevancy--Dispensation--Right of pre-emption--Co-sharer in khata--Land was "Sakni" was of no relevance u/S. 5 of Punjab Pre-emption Act 1991--Right of Pre-emption arises in a case of sale of immovable property. [P. 734] B 1999 SCMR 378, followed. Judgment Vide registered exchange deed dated 4.12.1995 the petitioner acquired the suit land measuring 20 kanals, mentioned in para-1 of the plaint. On 1.4.1996, the respondent filed a suit for possession of the suit land by pre-emption. According to him the suit land had in fact been sold by Abdul Qadeer to the petitioner for a consideration of Rs. 2,25,000/-. He claimed to be shaf-e-sharik, khaleet and Jar. Performance of talabs was also pleaded. The petitioner filed a written statement stating that the transaction is a bona fide exchange and he had transferred his land measuring 24 kanals to Abdul Qadeer in exchange for the suit land. He further stated that he has earlier acquired land in the same khata from said Abdul Qadeer. Further allegations in the plaint were denied. Issues were framed. Evidence of the parties was recorded. Learned trial Court dismissed the suit on 20.9.2000. First appeal filed by the respondent was allowed by learned Addl. District Judge, Jhang on 1.2.2002 who decreed the suit subject to payment of Rs. 2,25,000/-. 2. Learned counsel for the petitioner contends that the evidence on record has been misread by the learned ADJ. According to him there is no evidence on record that the transaction was a sale for a cash price. Learned counsel for the respondent, on the other hand, supports the impugned judgment and decree by alleging that in the course of his evidence the petitioner himself described the transaction as a sale and further that the offer of special oath was refused by him hence adverse inference was to be drawn. Learned…

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