Law: Punjab Pre-emption Act, 1913

Section: 6,22,15

Law: Qanun-e-Shahadat (10 of 1984)

Section: 84

Law: Civil Procedure Code (V of 1908)

Section: 100,96,O.XIV,R.1,O.XLI,R.27,22

(a) Pre-emption--- ----Right of pre-emption---Inheritability and transferability---Scope --- Right of pre-emption could be transferred or inherited only after passing of decree in favour of pre-emptor, but not prior thereto ---Principles. The right of pre-emption runs with the land and is not personal initially; it turns out to be personal for the purpose of its enforceability in a court of law right from time of sale of the property till the date of decree in favour of the pre-emptor. In other words, the right optimizes to be personal to a pre-emptor until a decree is passed in his favour, and during this interregnum, this right is neither transferrable nor inheritable. In such a situation, if the pre-emptor dies before obtaining a decree in his favour in the Trial Court or as the case may be, the appellate or revisional court, his right of pre-emption shall remain exclusively personal and shall not survive to his heir. But no sooner is a decree passed in favour of the pre-emptor, then the right becomes a proprietary one and is not only capable of being transferred, but also inherited. Government of N.W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360; Sardar Ali v. Muhammad Ali PLD 1988 SC 287 and Nazir Begum and others v. Fazal Dad and others 1999 SCMR 210 ref. Ram Sahai v. Gaya (1884) 7-ALL 107 and Arshad Iqbal through L.Rs. v. Abdul Qayyum Khan Babar 1990 CLC 1883 rel. (b) Punjab Pre-emption Act (I of 1913)--- ----Ss. 6 & 22 --- Civil Procedure Code (V of 1908), S.100, O.XIV, R.1 & O. XLI, R. 27---Second appeal---Pre-emption suit---Pre-emptor's plea in plaint that had suit land been offered to her, then she would have purchased same by paying its full sale price---Remand of case by Supreme Court for recording of additional evidence by Trial Court---Suit dismissed by Trial Court, but decreed by First Appellate Court---Plea raised by defendant-vendee in second appeal before High Court that pre-emptor had applied to Trial Court for allowing her to furnish security instead of depositing Zar-e-Punjam, which showed that she had no money at time of institution of suit, thus, she could not raise such plea in plaint---Validity---Defendant had neither raised…

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