KHURSHED ALI and others vs ABDUL HAMEED
This matter concerns a civil appeal arising from a suit for pre-emption, where the respondent/plaintiff sought to enforce a right of pre-emption based on the contiguity of his land to the property sold to the appellants/defendants. The Trial Court decreed the suit in favor of the plaintiff, but the Appellate Court subsequently set aside this decree. Upon revision, the High Court restored the Trial Court's judgment, prompting the present appeal. The core legal question was whether the respondent had sufficiently proven his superior right of pre-emption, specifically regarding the proof of contiguity through the Aks Shajra and the alleged evasive denial of the right in the written statement. The Supreme Court held that the appellants failed to rebut the certified copy of the Aks Shajra (Ex.P-13) and did not challenge the superior right of pre-emption during testimony. Consequently, the Court found no grounds for interference with the concurrent findings of the Trial Court and the Revisional Court. The principle established is that a certified copy of a revenue document like an Aks Shajra is admissible, and the burden to rebut such evidence lies with the party disputing its accuracy.
- Is a certified copy of an Aks Shajra admissible in evidence without the production of the Patwari who prepared it?
- Does a general denial in a written statement constitute an admission of a superior right of pre-emption?
- What is the burden on a defendant seeking to rebut a certified copy of a revenue document produced by the plaintiff?
ORDER
' MIAN SAQIB NISAR, J.---The appellants are venders/ defendants in a suit for pre-emption filed by the respondent/plaintiff seeking enforcement of his pre-emptory right to the sale in favour of the appellants on account of the sold land being, inter alia, contiguous to that of the respondent. After recording of the evidence, the suit was decreed by the Trial Court, however, on appeal such decree was set aside. When the judgment of the Appellate Court was challenged in revisional jurisdiction of the High Court, the same was discarded and by restoring the judgment of the Trial Court the original decree has been sustained.
2. Learned counsel for the appellants argued that the respondent has failed to prove that the land of the respondent was contiguous to the land sold. In this regard it is submitted that the Aks Shajra has not been proved in accordance with law because the Patwari .Who prepared the Aks Shajra did not appear and produce the said evidence, rather it was tendered in evidence through the statement of the counsel. To this an objection was raised by the appellants, but such objection was not decided by the Court. It is also argued that the appellants in categorical terms in paragraph 6 of the written statement had denied the superior right of pre-emption by stating "ghalat hai", however, the learned Revisional Court has taken this to be an admission on the part of the appellants on account that such denial is evasive in nature, therefore, in the facts and circumstances when the respondent failed to prove his superior right, the suit was liable to be dismissed as was done by the Appellate Court.
3. Heard. We have perused the statement of the counsel in whose testimony the document has been brought on the record as evidence, suffice it to say that there is no objection to the same, rather an objection has been taken to the documents so tendered as Ex.P-17 to Ex.P-19 whereas the Aks Shajra was Ex.P-13. Besides, it was a certified copy issued by the Patwari and if the appellants were of the view that the same was an incorrect copy they should have either summoned the Patwari concerned for the purposes of rebutting the document on the production of the correct copy of the Aks Shajra or after procuring the correct certified copy and tendered it in evidence so as to rebut the document, Ex.P-13, which has not been so done. Even while appearing as a witness the vendee/defendant has not denied the superior right of pre-emption in the examination in chief.
The view set out by the learned Trial Court as also the Revisional Court is in consonance with the record. No case for interference has been made out. Dismissed accordingly.