Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)------S. 6(1)(b)---Shafi Khalit---Right of passage---Not its user, but ownership in passage would equip a person with superior right of pre-emption being Shafi Khalit. Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360; (ﻪﻴﺍﺪﻬﻠﺍﻥﻳﻋ), Vol. 4, p.10 and Aurangzeb and others v. Haji Abdul Rashid and others PU 1974 Pesh. 20 fol. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 6(1)(b)---Shafi Khalit---Common-passage in between pre-emptor's land and disputed land---Pre-emptor could not claim superior right of pre­emption on proof of mere fact that both such lands were situated on a thoroughfare. (c) Civil Procedure Code (V of 1908)--- ----O. XLI, R.22---Appeal against decree by defendant--Plaintiff not seeking setting aside or modification of decree---Plaintiff was very much within his right to support decree even on ground decided against him by Trial Court (d) Punjab Pre-emption Act (IX of 1991)--- ----S. 15---Suit for pre-emption---Talbs---Courts below after considering entire evidence concurrently found that Talbs had been duly performed--­Such findings not suffering from misreading or non-reading of evidence--­High Court dismissed revision petition in circumstances. JUDGMENT Vide registered sale-deed dated 16-6-1992, the petitioner purchased the suit-land mentioned in para. 1 of the plaint, for consideration of Rs.6,62,500. On 15-10-1992 the respondent filed a suit for possession of the said land by pre-emption. He stated that the land had in fact been sold for Rs.2,12,500. He claimed superior rights of pre-emption on the ground that he owns adjacent land and that there is common passage and common source of irrigation whereas the petitioner is not possessed of such right. Performance of Talb was also pleaded. In his written statement the petitioner insisted that he had paid ks.6,62,500 for the land. He also claimed registration expenses. He denied the superior rights of pre-emption and other allegations in the plaint. Issues were framed. Evidence of the parties was recorded. The learned Trial Court found that the respondent has a superior right of pre-emption on the ground that a…

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