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Regular Second Appeal No. 60 of 1982, decided on 27th January, 1985.

---S. 100--Punjab Pre-emption Act (I of 1913), S. 4--Second appeal--Pre-emption--Custom--Proof of--Two certified judgments of Civil Courts on two different occasions bearing out factum of prevalence of pre-emption in area--Appellant also conceding prevalence of custom in Taraf Mubarak but contending non-prevalence of custom in Taraf Mubarak Awal where suit property situated--Taraf Mubarak Awal, held, is a part of Taraf Mubarak, pre-emptor's suit, therefore, was rightly decreed and there was no room for interference with decision of Courts below. Syed Sardar Shah Bokhary and Malik Rehmat Khan Awan for Appellant. Malik Noor Muhammad for Respondent. Date of hearing: 27th January, 1985.

This appeal is directed against the appellate decree of the learned Additional District Judge, Multan, dated the 4th May, 1982, affirming in appeal the decree passed by the learned Civil Judge, Multan, on the 17th June, 1980, whereby the respondent's suit for possession by pre-emption of a portion of house No. 1269/14 of Ward No. 1.0 of Multan city was decreed. The only point urged in appeal before this Court by the learned counsel for the appellant was that the respondent had failed to prove that custom of pre-emption existed in the locality where the house in dispute was situated. The deed, Exh.P.1, witnessing the sale of the house in favour of the appellant, describes the house in question to be situated in Mohallah Basti Pareran outside Lohari Gate, Multan city. It is in Taraf Mubarik Awal, that the house lies. Exhs. P.11 and P.5 are the certified copies of the judgments of the civil Courts delivered on the 12th August, 1907, and the 29th June, 1949, respectively, recognizing the prevalence of custom of pre-emption in Basti Pareran and Taraf Mubarik. The learned counsel for the appellant conceded that the custom of pre-emption prevailed in Taraf Mubarik but stated that no such custom existed in Taraf Mubarik Awal, wherein the house in dispute was said to be situated. However, Taraf Mubarik Awal, is nothing but part of Taraf Mubarik. The Revenue authorities have divided Taraf Mubarik into Taraf Mubarik Hissa Awal and Taraf A Mubarik Hissa Doem for purely administrative convenience. Both Taraf Mubarik Hissa Awal and Taraf Mubarik Hissa Doem bear the same Had Bast No.104 which was assigned to Taraf Mubarik. In these circumstances the custom of pre-emption can very well be said to exist in the locality where the house in dispute lies. The respondent's suit was rightly decreed. There is no room for interference with the decisions of the learned Courts below. This appeal is without any force and is dismissed with costs. S.A. Appeal dismissed.