Law: Punjab Pre-emption Act, 1913

Section: 15(1)(a)

(a) Act of Court--- ----No one can be prejudiced by an act of the Court. Habib Bank Ltd. v. Bashir Ahmad. 2019 SCMR 362; Malik Tariq Mahmood v. Ghulam Ahmed PLD 2017 SC 674 and Khushi Muhammad through L.Rs. and others v. Mst. Fazal Bibi and others PLD 2016 SC 872 ref. (b) Punjab Pre-emption Act (I of 1913) [since repealed]--- ----S. 15(1)(a)---Right of pre-emption based on relationship/Yak-jaddi---Conduct of pre-emptor---Significance---Suit for pre-emption was filed by plaintiff-son for suit property sold by his father-vendor---Question as to whether there was collusion between the father (vendor) and son(pre-emptor)---Held, that plaintiff-pre-emptor was the real son of the vendor and they lived in the same house---Just after the sale of the suit lands in favour of the appellant-vendee other land was purchased in another district in the name of the plaintiff/pre -emptor and his brother, which the vendee claimed was purchased from the consideration amount of the suit land, showing collusion between the father and son (vendee and pre-emptor respectively)---Sarbrah Lumberdar appearing as witness for the vendee stated that suit property was sold with the consultation of the plaintiff/pre-emptor with his father-vendor---Another witness of the appellant-vendee stated that the bargain was struck with the vendor and the plaintiff and the money was paid to both of them---Said important portions of these statements were not cross-examined by the plaintiff-pre-emptor, hence, deemed to have been admitted---Furthermore when plaintiff appeared as his own witness he did not utter anything regarding his superior right of pre-emption qua the appellant-vendee, which was fatal to his case as he could not get a decree without claiming so---Pre-emptor had not come to the court with clean hands---Appeal was allowed with the consequence that suit for pre-emption filed by plaintiff was dismissed with costs throughout. Naseer Ahmad v. Arshad Ahmad PLD 1984 SC 403; Baari and 4 others v. Salmon and 3 others PLD 1972 SC 133 and Subhanuddin and others v. Pir Ghulam PLD 2015 SC 69 ref. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 133---Material point of statement of a witness not…

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