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Civil Review Petition No. 29‑R of 1980 in C.P.S.L.A. No. 548 of 1977, decided on 22nd June, 1982.
(On appeal from the order of the Supreme Court of Pakistan dated 20‑2‑1980 in C. P. No. 548 of 1977).
Punjab Pre‑emption Act (I of 1913)‑
‑‑‑ S. 15 read with Constitution of Pakistan (1973), Art. 185(3)‑Leave to appeal‑Granted to consider question whether statutory presump tion of correctness attached to pedigree‑table forming part of record-of‑rights in absence of rebuttal.-[Leave to appeal].
S. Jamil Hussain Rizvi, Advocate Supreme Court assisted by Talib H. Rizvi, Advocate Supreme Court and S. All Imam Naqvi, Advocate‑on‑Record for Petitioners.
Nemo for Respondent.
Date of hearing : 22nd June, 1982.
This is a petition seeking review of this Court's order dated 20‑2‑1980. By the aforesaid order it was observed that the High Court agreeing with the Additional District Judge held that the pre emptor had failed to satisfactorily establish the factum of his relationship between him and the vendor, so as to prove for superior right.
The relationship had been sought to be proved by producing a pedigree‑table (Exh. P. 1). However, no one had appeared in Court to prove the pedigree table and to state that the relationship of the parties was correctly entered [therein. The learned Additional District Judge, had taken the view that in the absence of any such affirmative of evidence the pedigree‑table, by itself, could not prove the factum of relation ship, which view was upheld by the High Court and this Court had also declined to interfere with it.
In support of this review petition, it is submitted that a statutory pre sumption was attached to the pedigree‑table as it formed a part of the record of right and in the absence of any rebuttal by the respondent, the resump tion so arising could have been acted upon without any oral evidence to supplement it. This aspect was overlooked by the Courts below and also not considered by this Court.
The submission that the pedigree‑table formed a part of the record‑of -rights to which a statutory presumption of correctness is attached is sup ported by the judgment in Wali Muhammad v. Government of West Pakistan and others (P L D 1980 Pesh. 119) and the point raised did require consideration, which was overlooked.
We would, therefore, allow this petition for review and recall out order dated 20‑2‑1980 and grant leave to appeal.
Security Rs. 2,000.
Notice to the respondent in the stay matter.
In the meanwhile, the auction of the attached property is stayed and no other property of goods will be attacked till the disposal of the stay matter.
Leave granted.
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