The references are to the Nos. given to the cases in the "Record."

No.

PRE-EMPTION-(contd.).

12. Custom-Pre-emption-Pre-emption on sale of house property-
Mohalla Parachian in the city of Rawalpindi - Relevancy of instances
decided on admission alone.-Found, that the custom of pre-emption
in respect of sales of house property based on vicinage exists in
mohalla Parachian otherwise known as mohalla Matta or Waris
Khan in the city of Rawalpindi.

The cases in which the right is claimed and decreed on admis-
sion alone are instances of the right being exercised within the
meaning of the Evidence Act and are therefore relevant as to the
existence of the custom

...

...

...

13. Custom-Pre-emption - Pre-emption on sale of agricultural land
on ground of vicinage-Civil Station of Amritsar.-Held, that the
custom of pre-emption in respect of sale of agricultural land by reason
of vicinage in the Civil Station of Amritsar bad not been established

14. Custom-Pre-emption-Value of wajib-ul-arz chakwar-Conflict
between earlier and later wajib-ul-arz.-Held, that the wajib-ul-arz
chakwar of Pindi Gheb tahsil, District Rawalpindi, is not a part of the
record of rights and so has attaching to it no presumption of cor-
rectness under Section 44, Punjab Land Revenue Act, and that its
evidential value is small, inasmuch as it states the custom of pre-
emption which is always a local custom, by tribes.

Held, also, that the value even of a genuine wajib-ul-arz favour-
ing relatives in the matter of pre-emption and standing unsupported
by actual proof of custom, followed by a latter wajib-ul-arz in which
the "law or Act IV of 1872 is stated to contain the rule of pre-
emption, is so small that even negative indications the other way are
sufficient to reduce its value to nothing

...

15. Custom-Pre-emption-Right of pre-emption claimed by virtue
of ownership of house opposite but separate from that sold-Katra
Kanhayan, Amritsar City-Burden of proof-Punjab Laws Act, 1872,
Section 11.-Held, that although the custom of pre-emption in respect
of sales of house property by reason of vicinage has been established
to prevail in Katra Kanhayan of the city of Amritsar, the plaintiff
has failed to prove the special incident whereby he as owner of a
house opposite to the house sold but separated from it by a road or land
had a right to claim pre-emption against the vendee who was a mere
stranger.

Ali Muhammad v. Kadir Bakhsh (107 P. R., 1900)-not followed.
Mela Ram v. Prema (109 P. R., 1900), and Ilahi Bakhsh v. Miran
Bakhsh (68 P. R., 1906) followed

--

16. Pre-emption-Purchaser with right of pre-emption equal to
plaintiff's associating in the purchase persons with inferior right – Right
of such purchaser to defeat plaintiff's claim.-Held, that if a purchaser
having an equal right of pre-emption associates with himself in the
purchase a person with rights inferior to those of the pre-emptor,
he is not entitled to resist the claim of such pre-emptor to enforce his
rights even as to his share of the purchase.

26

27

44

47

The references are to the Nos. given to the cases in the "Record."

No.

PRE-EMPTION—(contd.).

Ram Nath v. Badri Narain (I. L. R., XIX All., 148, F. B.) dissented from.

Imam Din v. Nur Khan (10 P. R., 1884), Murad v. Mine Khan (94 P. R., 1895), and Kesar Singh v. Purtab Singh (66 P. R., 1896), followed

...

...

...

17. Custom-Pre-emption-Pre-emption of existence of right in a town in respect to agricultural land assessed to land revenue-Una, Hoshiarpur District--Punjab Laws Act, 1872, Sections 10, 11, 12.-Held, that the custom of pre-emption cannot be presumed to exist in Una, District Hoshiarpur, inasmuch as it is a town and not a village, and that there can be co presumption as to the existence of a custom of preemption in a town even in respect to assessed and cultivated land

...

18. Custom-Pre-emption-Pre-emption on sale of shops-Katra Ramgarhian, Amritsar City-Punjab Laws Act, 1872, Section 11.Held, that the custom of pre-emption in respect of sale of shops by reason of vicinage in Katra Ramgarhian of the city of Amritsar bas not been established

...

...

...

19. Pre-emption - Purchase-money-Good faith-Punjab Laws Act, 1872, Section 16 (c).- Held, that the fact that the consideration for a transfer of property which is subject to right of pre-emption consisted of old debts made up largely of interest is not in itself a sufficient reason for finding that the consideration entered in the deed of sale was not fixed in good faith.

In such a case, where the vendor owns other property and is not
insolvent, and there has evidently been a conscious adjustment of
value and not merely a wiping out of debt regardless of amount in
exchange for the land, there is no natural presumption that the
price was fixed in bad faith.

Phumman Mal v. Kama (75 P. R., 1901) and Nanak Chand v.
Ram Chand (68 P. R., 1901), followed.

Vir Bhan v. Mattu Shah (77 P. R., 1902), considered and dis-
tinguished

...

...

...

20. Custom-Pre-emption-Pre-emption on sale of house propertyMohalla Barwala, Jagadhri.-Held, that the custom of pre-emption in respect of sales of house property by reason of vicinage does prevail in Mohalla Barwala of the town of Jagadhri

21. Custom-Pre-emption-Pre-emption on sale of shops-Katra Ramgarhian, Amritsar City.-Found, that the custom of pre-emption in respect of sale of shops by reason of vicinage in Katra Ramgarhian of the city of Amritsar had not been established

22. Custom-Pre-emption-Pre-emption in respect to sale of shops in villages-Punjab Pre-emption Act, 1905, Sections 12, 13 (2).-Held, that sub-section 2 of Section 13 of the Punjab P're-emption Act, 1905, is inapplicable to shops in villages. The custom of pre-emption exists in respect to such shops subject to the provisions of Section 12 of that Act

The references are to the Nos. given to the cases in the "Record."

No.

PRE-EMPTION-(contd.).

23. Pre-emption-Sale of share of joint agricultural land to co-sharer
-Suit by another co-sharer of the khata-Punjab Pre-emption Act, 1905,
Section 14.-Held, that under the provisions of the Punjab Pre-emption
Act, 1905, a co-sharer in joint undivided agricultural land has no
right of pre-emption in respect to a sale of a share of such land made
to any of the several co-sharers in the estate.

Section 14 deals with several pre-emptors claiming in respect of the
same property but does not provide for the case of a pre-emptor claim-
ing against a vendee who has equal rights with him

24. Custom-Pre-emption-Pre-emption of existence of right in res-
pect to area converted into building sites-Killa Gujar Singh-Suburbs
of Lahore-Punjab Laws Act, 1872, Sections 10, 11, 12.—A certain area
of land was originally comprised within the village of Killa Gujar
Singh, a suburb of Lahore city and had been in years past agricultural
land. For some time past, however, it had been used as a site for
building purposes and had been gradually absorbed within the limits
of Lahore city.

Held, under these circumstances that the land must be regarded as
land situate in a town and that there was therefore no presumption
that the custom of pre-emption existed in respect of sale of such land.

Found upon the evidence that the plaintiff had failed to prove that
the custom of pre-emption existed in respect of a sale of such land ...

25. Custom-Pre-emption-Sale of agricultural land to an agricul
turist-Suit by a member of the alienors' tribe-Superior right-Punjab
Pre-emption Act, 1905, Section 11.-Held, that by virtue of Section 11
of the Punjab Pre-emption Act, 1905, a member of the alienors' tribe
has a preferential right of pre-emption in respect to a sale of agricul
tural land by a member of an agricultural tribe to that of a vendee
who was an agriculturist within the meaning of Section 2 of the Punjab
Land Alienation Act, 1900

...

26. Pre-emption-Assignment of property by vendee-Suit by pre-
emptor against vendee alone subsequent to the said assignment-Parties-
Pre-emptor bound to implead transferee or to institute fresh suit against
him-Limitation for such action-Limitation Act, 1877, Schedule II,
Article 10.-Held, that where the subject matter of a pre-emption suit
has been assigned by the original vendee before the pre-emptor had
iustituted his suit the latter is not entitled to recover the property
from the transferee on the strength of a decree he obtains against the
vendee alone. In order to obtain the property from the transferee he
is bound either to implead the latter as a party to his original pre-emp-
tion suit or to institute a fresh suit within the period of limitation pres-
cribed in Article 10 of the Second Schedule of the Limitation Act, 1877

27. Pre-emption-Sale of two houses adjoining one another-Vendee
and pre-emptor each having priority over one house by reason of vicinage
-Pre-emptor not bound to acquire the whole bargain.-Held, that in a
case of sale of two houses adjoining one another a vendee whose right

The references are to the Nos. given to the cases in the "Record."

No.

PRE-EMPTION-(concld.).

of pre-emption by reason of contiguity only extends to one house can-
not defeat the next door neighbour of the second house on the grourd
that by reason of bis having rights over one house superior to plaintiff
he has a right with respect to the other house equal to those of
plaintiff.

A bargain of distinct properties by a person having preferential
rights only to a portion of such bargain does not give him a right of
pre-emption as regards the simultaneously purchased other portion.

In such a case the pre-emptor whose rights extend over only one
lot is not bound to take over the bargain in its entirety

28. Custom-Pre-emption-Pre-emption on sale of house property-
Mohalla Wadharian, Sialkot city - Compensation for improvements made
by vendee.--Found that the custom of pre-emption in respect of sales of
house property by reason of vicinage prevails in mohalla Wadharian
in the city of Sialkot.

Held, that as a general rule a purchaser of immovable property
subject to the right of pre-emption who has effected improvements in
spite of the pre-emptors warning not to do so, is under no circumstances
entitled to recover their market value, but might be allowed to
remove them if that can be done without injuring the property

29. Pre-emption- Sale of a share of joint property to a stranger-Sub-
sequent acquisition of another sharer's interest by vendee-Suit by a
third co-sharer with respect to first sale alone.-Heli, that a person who
was at the date of sale a co-sharer in the land cannot claim pre-emption
in respect of a sale of that land as against the vendee who at the date
of sale was not a co-sharer therein but became a co-sharer before the
plaintiff instituted his suit for pre-emption

...

112

122

124

30. Son's right to claim pre-emption on death of his father
on a cause of action accrued to the latter in his life-time.-Held, by the
Full Bench that a right to sue for pre-emption upon a cause of action
which accrued to
a person in
his life-time passes at his death
to his successor who inherits the property through which the right
had accrued

...

...

...

...

133

31. Custom-Pre-emption - Kucha Billa Kabutarbaz, mohalla Kabuli
Mal, Lahore City-Superiority of co-sharership over mere contiguity-
Burden of proof-Punjab Laws Act, 1872, Section 11.-Found, that the
custom of pre-emption prevails in kucha Billa Kabutarbaz which is a
part of mohalla Kabuli Mal, a sub-division of the city of Lahore
for the purpose of Section 1, Punjab Laws Act, 1872, and that a
co-sharer in the property sold has a preferential right as against the
owner of an adjoining house.

The existence of a custom of pre-emption in the neighbouring
kuchas is sufficient to prove the existence of such a custom in a
kucha into which they run, although no case of pro-emption may
have occurred in it

...

138

The references are to the Nos. given to the cases in the "Record,”

No.

PRINCIPAL AND AGENT.

Person carrying on business for parties out of jurisdiction—Recognised
agent Agent without special authority cannot sue on contract entered
into by him on behalf of his principal Civil Procedure Code, 1882,
Sections, 37, 51.-Held, that a manager of a branch-cffice of an export
agency carrying on business in the name of the owners of the firm
resident in England, under the instructions of a Chief Manager,
canrot be regarded a recognized agent of the firm within the
meaning of Section 37 of the Code of Civil Procedure, and that, in
the absence of a special authority on this behalf, he cannot either
subscribe or verify a plaint or sue for the enforcement of a contract
entered into by him on behalf of his principals

PUBLIC POLICY.

Agreements between legal practitioners and their clients making the
remuneration of the legal practitioner dependent to any extent
whatever on the result of the case in which he is retained are illegal
as being contrary to public policy...

PUNJAB ALIENATION OF LAND ACT, 1900.

...

109

61, F. B.

Effect of, on suits for possession of land purchased before that Act came
into force.-Held, that the provisions of the Punjab Alienation of ·
Land Act do not apply to a suit of a vendee for the possession of
land, where the property was conveyed by defendant to him and the
right to claim possession had accrued long before that Act came into
operation.

Ram Nath v. Kerori Mal (38 P. R., 1904) and Nathu Lal v. Jafar
(20 P. R., 1905) referred to

SECTION 9 (3).

...

1. Duty of Court to refer mortgage by conditional sale to Deputy Com-
missioner if made by a member of an agricultural tribe-Refusal of Court
to recognize a party as a member of such tribe who failed to prove his
assertion no ground for revision-Punjab Courts Act, 1884, Section 70 (1)
(a).-Although it is the duty of a Court to refer a mortgage of land
by way of conditional sale to the Deputy Commissioner under Section
9 of the Punjab Alienation of Land Act if it was made by a member
of an agricultural tribe, but it is for the party desiring to obtain
benefit of that euactment to allege and prove that he is a member
of an agricultural tribe. The mere assertion by a party that he
is so and the refusal of the Court to recognize him as such does not
amount to material irregularity and is not open to revision by the
Chief Court under Section 70 (1) (a) of the Punjab Courts Act, 1884...

2. Mortgage-Conditional sale-Reference by Civil Court under
sub-section 3 of Section 9 of Punjab Alienation of Land Act, 1900- Refusal
of Deputy Commissioner to take action after the non-acceptance of his
proposal by the mortgagor-Procedure for mortgagee-Regulation XVII
of 1806- Puniab Alienation of Land Act, 1900.-A mortgage made

10