Law: Punjab Pre-emption Act, 1913

Section: IX,3,5,13,14,3313(1)(a),13(2)

Law: Civil Procedure Code (V of 1908)

Section: XXXII

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

Section: 17,71,129(g)

(a)    Punjab Pre-emption Act (IX of 1991)-------Ss.3, 13 & 14---Qanun-e-Shahadat (10 of 1984), Art.71---Civil Procedure Code (V of 1908), O.XXXII---Suit for possession through pre-emption---Talbs made by brother of minor plaintiff/shafi without being appointed as legal guardian--Legality---Right of pre-emption is a property based right, thus, the legal guardian of the property of the minor can be the only person, who can decide the exercise of this right and not the "next friend" as identified in O.XXXII of CPC---Father of minor pre-emptor being legal guardian was obliged by law to perform all the Talbs under S.13 of the Act---Suit was also to be instituted by the person, who made any demand---Plaint as well as notice of Talb-i-Ishhad was silent with regard to performance of Talb-i-Muwathibat and Talb-i-Ishhad on behalf of the minor and no evidence was produced in that regard---Brother of plaintiff had no authority to perform Talb-i-Muwathibat, Talb-i-Ishhad and Talb-i- Khusumat on behalf of his minor brother (one of the plaintiffs), meaning thereby that neither any Talbs were performed on behalf of the minor nor suit was instituted on his behalf---Demand made by father or a brother of the pre-emptor is not sufficient, even if he has a right to pre-empt, unless he has been previously authorized to make the demand---Civil revision was allowed, in circumstances.(b)    Punjab Pre-emption Act (IX of 1991)-------Ss.5 & 33---Suit for possession through pre-emption---Actual sale price of suit land----Proof---Unsubstantiated statement by pre-emptor---Contravention of Shariah---Disentitlement to claim of pre-emption---Respondent intentionally mentioned a lower price of the suit property in order to obtain an undue advantage and when an undue advantage is sought to be gained on the basis of a completely unsubstantiated statement, the same is not permissible as it can contravene the provisions of Shari'ah which have been made specifically applicable to pre-emption cases and it would disentitle a Shafi to claim pre-emption---Civil revision was allowed, in circumstances.Subhanuddin and others v. Pir Ghulam PLD 2015 SC 69…