Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)---S.39--Khasra Girdawari, entries in---Rebuttal---Where strong evidence of unimpeachable character to rebut is available, such entries are liable to be rebutted. (b) Punjab Pre-emption Act (I of 1913)--- ----S.13---Constitution of Pakistan (1973) Art. 185(3)---Pre-emption suit--­Plea of tenancy ---Khasra Girdawari---Proof of tenancy---Failure to raise the plea of tenancy in written statement or during evidence ---Effect---Vendees did not state that they were holding the suit land as tenants or any portion thereof---High Court did not err by holding that the plea of tenancy raised by the vendees through Khasra Girdawari could not be given effect to, since same had neither been raised in written statement nor in their evidence when they appeared as their own witnesses---Suit was rightly decreed in favour of the pre-emptors on the ground of superior right of pre-emption---Findings of facts recorded by High Court did not suffer from any illegality such as misreading or non-reading of any material piece of evidence---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J.--The petitioners seek leave to appeal against the judgment dated 16-2-1998 of the Lahore High Court through which the revision petition filed by the respondents-pre-emptors was accepted and the suit as a whole decreed. 2. The respondents filed a suit to pre-empt the sale made in favour of the petitioners of the land measuring 304 Kanals, 15 Marlas for an amount of Rs.1,30,000. It was contested by the petitioners-vendees merely by denying the superior right of pre-emption as alleged by the respondents-plaintiffs. It was not pleaded in the written statement that the right of pre-emption of the petitioners-vendees was, superior qua the right of pre-emption of the plaintiffs-respondents on the ground that they were the tenants in the land before the sale was made. The trial Court on 25-11-1984 decreed the suit of the respondents-plaintiffs. In appeal filed by the petitioners vendees before the learned Additional District Judge, Khushab, the suit of the respondents was partly dismissed to the extent of land measuring 102 Kanals, 15 Marlas over which…

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