Law: Punjab Pre-emption Act, 1991

Section: 20

Law: Civil Procedure Code (V of 1908)

Section: OrderXX,Rule18(1),XXI,R.35(1),2(2)

(a) Civil Procedure Code (V of 1908)--- ----S. 51---Decree would be executed as it is, and not in any other manner or mode which amounts to its modification. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 20---Civil Procedure Code (V of 1908), O.XX, Rr.18(1) & O.XXI, R.35(1)---Pre-emption suit Decree in favour of pre-emptor and vendee in equal shares---Application for execution of such decree by issuance of warrants of actual physical possession of land---Order of Executing Court directing Collector to divide land between parties---Validity---Such decree was a final decree for having completely disposed of suit filed by applicant/pre-emptor---Such decree had not demarcated pre-emptor's half share in land, thus, same was for its joint possession as against its separate possession---Pre-emptor by virtue of such decree had become a joint and equal owner in land along with vendee happened to be in its possession---Pre-emptor could not obtain actual possession of his share in land till his share was determined and separated by means of partition suit---Such decree did not contain any direction to Collector, thus, impugned order had amounted to its modification or correction, which was not permissible at post-deeretal stage in execution proceedings---Pre-emptor could only seek symbolic possession of his share in land as against its actual physical possession---High Court set aside impugned order in circumstances. Ali Shah v. Allah Ditta and 6 others 1994 CLC 800 and Kazi Khan Mahomed v. Hemandas Pritamdas AIR 1935 Sind 192 rel. JUDGMENT ASAD MUNIR, J.---A pre-emption suit was filed on 7-9-1996 by the petitioner against the respondent to obtain possession of land measuring 9 marlas, bearing khasra No. 429 in khewat No.229, situated at Mauza Sheikhpur, Tehsil Kharian, District Gujrat, which had been sold by Muhammad Sharif to the respondent on 11-8-1996. Finding that both the petitioner and the respondent were co-owners in the joint khata of the land in question, the learned Civil judge, Kharian, through judgment and decree dated 9-3-1998 decreed the suit favour of the petitioner to the extent of one half of the land in question in terms of section 20 of the…

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