Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-------S.21---Superior right of pre-emption---Co-shareres---Mala fide---Proof---Suit filed by pre-emptors was decreed in their favour by Trial Court on the ground that they were co-sharers in Khata and Khewatdar but Lower Appellate Court reversed the findings---Judgment and decree passed by Lower Appellate Court were set aside by High Court and and decree passed by Trial Court were restored---Vendees alleged mala fides in instituting the suit by per-emptors---Validity---Mala fide was not a word of art but it was a fact which needed to be established by appropriate evidence---No evidence on the point of mala fide was adduced by vendees---Supreme Court declined to interfere in the and decree passed by High Court---Appeal was dismissed. 1998 SCMR 2716; PLD 1978 SC 133; 1987 SCMR 1874; 2002 SCMR 49; Abaid-ur-Rehman and others v. Mahmand and others 1999 SCMR 201; 1996 SCMR 806 and 1996 SCMR 1729 ref. Mehr Allah Ditta and another v. Muhammad Ali and another PLD 1972 SC 59; Nazar Muhammad and another v. Talib Hussain 1991 SCMR 1320; Muhammad Amin v. Maqbool Ahmad 1993 SCMR 498; Shahmand and others v. Allah Bakhsh 1997 SCMR 424 and Abaid-ur-Rehman and others v. Mahmand and others 1999 SCMR 201 distinguished. (b) Mala fide--- ----Not a word of art but a fact which needed to be established by appropriate evidence. Malik Muhammad Qayyum, Senior Advocate Supreme Court, Raja Muhammad Ibrahim Satti, Senior Advocate Supreme Court and G.N.. Gohar, Advocate-on-Record for Appellants. Gulzarin Kiani, Senior Advocate Supreme' Court and M.S. Khattak, Advocate-on-Record for Respondents Nos. 1 to 10. Ex parte for Respondents Nos. 11 to 30. Date of hearing: 2nd December, 2010. JUDGMENT GHULAM RABBANI, J.---This appeal, as of right, has been preferred under Article 185(2) of the Constitution of Pakistan assailing the judgment dated 30-12-2002 passed by a learned single Judge of Lahore High Court. Briefly stated the relevant facts of the case are that one Mst. Ghulam Sughran sold out 428 kanals and 13 marlas, Mouza Tal Chiragh Tehsil Mailsi District Vehari to the appellants/vendees by way of Registered Sale-deed dated 31-1-1978, for a consideration…

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