Law:

Section:

Punjab Pre-emption Act (I of 1913), S. 22-Defendant taking out of Court during pendency of appeal amount of pre-emption money deposited in Court-No stay given in regard to withdrawal of pre-emption money-Defendant, held, not estopped from pur­suing his appeal but retained his locus standi to prosecute it. Qudratunnisa Bibi v. Abdul Rashid and another I L R 48 All. 616 ; Iftikhar Ali v. Thakur Singh (1912) 15 1 C 347 ; Sundar Das v. Dhanpat Rai 1907 P R 16 and Iftikhar Ali and others v. Thakur Singh (1912) 83 P R 298 ref. JUDGMENT SALAHUDDIN AHMED, J.-This leave petition is from the order of a Division Bench of the High Court at Lahore allowing the Letters Patent Appeal of defendant-respondent and dismissing the plaintiff-pre-emptor's suit. The petitioner brought a suit for pre-emption against respondent Mohammad Khan in respect of the land that the latter had purported to obtain from respondent Kala Khan by way of exchange. It was claimed that the exchange was a cloak to defeat the right of pre-emption. The defendant resisted the suit on the ground that it was a genuine transaction of exchange and that the petitioner had waived his right of pre-emption inasmuch as he was present at the time of exchange. The trial Court held that the transaction was a sale and that the petitioner did not acquiesce in the transaction; and it accordingly decreed the suit on payment of Rs. 950 which was held to be the market price of the land in dispute. Respondent Mohammad Khan failed in his first as well as second appeal, but succeeded in the Letters Patent Appeal. The Letters Patent Bench held that respondent Mohammad Khan obtained the land in dispute in exchange for his own land, and that no cash consideration had passed between him and respondent Kala Khan in respect of the disputed land. It has been contended before us that inasmuch as respondent Mohammad Khan withdrew the pre-emption price during the pendency of his Letters Patent Appeal on 15-1-19 72, the appeal failed. It appears that no stay in regard to the withdrawal of the…

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