Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-------Ss. 21 & 30---Suit for pre-emption filed by minor collateral of vendor--­Maintainability of---Suit filed by minor daughter of vendor through her mother as her next friend was objected to by vendees alleging that plaintiff being minor daughter of vendor, it would be presumed that suit was filed for benefit of vendor---Validity---Law had given right of pre-emption to collaterals of vendor and it could never be presumed that suit filed by minor daughter of vendor or even wife of vendor was collusive or for benefit of vendor even if proved that litigation was financed by vendor especially in absence of any evidence to the effect that suit had not been filed for benefit of minor daughter---Suit, being bona fide filed, was maintainable. Imam Ali Shah v. Muhammad Sharif Khan 1976 SCMR 362; Ruqaya Bibi and others v. Abdul Majid 1986 MLD 534 and Lal Din v. Allah Ditta PLD 1967 Lah. 703 ref. (b) Punjab pre-emption Act (I of 1913)--- ----S. 30---Pre-emption suit---Limitation---Suit filed within one year of attestation of mutation was not barred by time. JUDGMENT This judgment shall decide R.S.A. No.58 of 1984 and Writ Petition No. 1312 of 1981 as they were ordered to be heard together vide order, dated 21-3-2000. 2. The appellants purchased land measuring 18 Kanals situate in village Rangeelpur, Tehsil and District Multan from Saeeduddin Naqvi vide Mutation No.60 attested on 31-7-1973. On 29-7-1974 the respondent filed a suit for possession of the said suit land by pre-emption. Her case was that she was the daughter of the said vendor. It may be stated here that the respondent was a minor at the time of institution of the suit and the same was filed through her mother Saeeda Begum as her next friend. Later it turned out that the appellants had sold the land measuring 5 Kanals, 18 Marlas to one Muhammad Sharif son of Qutab Din vide Mutation No.62 attested op 6-8-1973. The said Qutab Din was impleaded as defendant No.3 and amended plaint was filed on 4-9-1973. It also reveals that the appellant No. l had mortgaged land measuring 7 Kanals and 10 Marlas to one Mst. Khurshidan vide Mutation No.61 attested on 31-7-1973. One…

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