Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)---.--- ---.--- S. 39---.---Entries in Jamabandi/Record of Rights whether foundation of title in property---.---Entries in the Jamabandi would not provide foundation of title in property, but same were pieces of evidence to prove title---.---Entries in the record of rights would not confer any right/title nor carry any presumption of truth and party in whose favour such entries were recorded must establish his right or title by adducing independent evidence. Abdul Ahad and others v. Roshan Din and 36 others PLD 1979 SC 890; Muhammad Bakhsh v. Zia Ullah and others 1983 SCMR 988 and Abdul. Nabi and 29 others v. Jan Muhammad and 26 others 1998 CLC 1842 ref. (b) Punjab Pre emption Act (I of 1913)---.--- ---.--- Ss. 4, 15 & 21---.---Suit for pre emption---.---Superior right of pre emption---.---¬Findings of Appellate Court below that the pre emptor had been able to prove his being collateral of the vendee of suit property, was not based upon any sound principle of law---.---Mutation of property by itself was not sufficient to prove the superior right of the pre emptor ---.---Judgment and decree passed by the Appellate Court was set aside by High Court in exercise of its revisional jurisdiction. THIS JUDGMENT DELIVERED BY: TANVIR BASHIR ANSARI, JUSTICE:---.--- The facts are that Noora son of Nadir transferred the suit land in favour of Muhammad Amin petitioner vide Mutation No. 120 dated 10 4 1980 for a consideration of Rs. 28,000. The respondent Shahra filed a suit for pre emption on the ground of being collateral/legal heir of the vendor, co sharer in the Khata of the suit land and being an owner in the estate. Respondents Nos. 2 and 3 filed a separate suit for pre emption against the same sale transaction: 2. The suit was contested by the petitioner and denied the superior right of pre emption of the respondents. . 3. From the pleadings of the parties, the following issues have been framed: ISSUES: (1) Whether the pre emptors have got the superior right of pre emption than that of the vendee/defendant? If so, what is the order of priority inter se the pre emptors? OP Pre emptors. (2) Whether a sum of Rs. 28,000…

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