Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.4,O.XXII

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.4,O.XXII

Law: Punjab Pre-emption Act, 1991

Section: 13(3)

Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Civil Procedure Code (V of 1908), O.VI, R.14 & O.XXII---Pre-emption---Right of legal heirs---Talb-e-Muwathibat---Time of Talb-e-Muwathibat, non-mentioning in plaint---Death of pre-emptor---Effect---Original pre-emptor did not mention time of Talb-e-Muwathibat in his plaint and he died during the proceedings of trial---Plea raised by vendees was that after death of pre-emptor the suit had abated and pre-emptor failed to prove Talb-e-Muwathibat---Validity---With the death of pre-emptor the suit would not abate but legal heirs of deceased had no right on the date of sale and thus they could not improve their right after the sale by inheritance as the cause of action had already come into existence---Subsequent qualification by inheritance could not vest legal heirs of pre-emptor with superior status after the accrual of the cause of action---Omission to mention the time, date and place of making Talb-e-Muwathibat in plaint was fatal to the suit of pre-emption---High Court declined to resolve the dispute between parties as to whether or not the pre-emptor possessed superior right of pre-emption because, pre-emptor failed to meet the requirements of plaint---High Court declined to interfere in the passed by Lower Appellate Court---Second appeal was dismissed in circumstances. Aziz-ur-Rehman v. Muhammad Nawaz PLD 1988 SC 384; Muhammad Ishaq v. Muhammad Sadiq 2007 SCMR 1478; Khyber Khan and another v. Haji Malik Aman Ullah Khan 2007 SCMR 1036 and Mst. Bashiran Begum v. Nazar Hussain and another PLD 2008 SC 559 ref. Mian Pir Muhammad and another v. Faqir Muhammad through legal heirs and others PLD 2007 SC 302 fol. Ch. Muhammad Arshad Ramay for Appellants. Mian Javed Rasheed for Respondents Nos.1 to 3. Malik Ijaz Ahmad for Respondent No.4. ORDER ABDUL WAHEED KHAN, J.---- A suit for possession through pre-emption was filed by Haji Mian Muhammad Ali (predecessor-in-interest of the present appellants) against Mian Muhammad Latif (predecessor-in-interest of the respondents) regarding land measuring 70 Kanals, 3 Marlas detail whereof has been given in the body of the plaint. The suit was contested by the defendants and…

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