Law:

Section:

Punjab Pre-emption Act (I of 1913)-------S. 21---Qanun-e-Shahadat (10 of 1984), Arts.30, 90 & 100---Right of pre-emption---Collateral---Proof---Presumptions---Applicability---Suit was filed by pre-emptor on the basis of his being collateral of vendee and co-sharer in joint holding---Trial Court decreed the suit in favour of pre-emptor but Lower Appellate Court did not held him collateral and modified the decree only to the extent of his share in joint holding---High Court in exercise of revisional jurisdiction restored the and decree passed by Trial Court---Vendees claimed that father of pre-emptor was an adopted son, therefore, he did not have superior right of pre-emption over the suit-land---Validity---Certified copy of adoption deed regarding father of pre-emptor was admissible under 5.90 of Qanun-e-Shahadat, 1984---Presumption of genuineness was attached to the document and as it was a public document more than 80 years old hence second presumption was available to it under Art.100 of Qanun-e-Shahadat, 1984---Such presumptions though rebuttable, had not only been rebutted but contents thereof were rather been admitted---Relationship between vendor and pre-emptor was fully proved through oral as well as documentary evidence---Pre-emptor being collateral was rightly granted decree of entire land through pre-emption and evidence appreciated by High Court was perfectly correct--Appeal was dismissed. Farrukh Jabin v. Maqbool Hussain PLD 2004 SC 449 ref. Khuda Bakhsh v. Amir 1980 SCMR 760 rel. Saeed-ur-Rehman Farrukh, Senior Advocate Supreme Court for Appellants. Rana Nasrullah Khan, Advocate Supreme Court for Respondent No.1. Date of hearing: 2nd December, 2009. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- These two appeals had already been heard and dismissed by a Full Bench of this Court on 23-2-2007. The appellants piled Civil Review Petitions Nos.85 and 86 of 2007, which were accepted on 19-3-2008 to the extent that the appeals be fixed for rehearing. Today, the cases were reheard extensively. 2. The legal heirs of Rehmat Ali and another Muhammad Ibrahim (vendees in the original suit for pre-emption) have filed these appeals against the judgment dated…

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