Law: Punjab Pre-emption Act, 1913

Section: S. 28-S

  Collusive decree- Pre-emption suit by S against M M suffering a compromise decree being passed against him in G's suit for pre-emption-Evidence showing M avoiding service in S's suit-G's suit instituted much later and, decree passed within a fortnight-Possession of property sot proved to have been passed to G in terms of G's decree-Entries in khasra girdawari doubtful---G's decree against M held to be "for benefit of M "and ineffective in S's suit.     Punjab Pre-emption Act (I of 1913), S. 28-S impleading in his pre-emption suit G(another pre-emptor in separate suit) -- G not impleading S in his suit-Decision in G's suit not bindings; in S's suit-Question of lis pendens does not arise.   The effect of the imparative provisions of section 28, Punjab Pre-emption Act, 1913, is that if one of the suits is decided in the absence of the plaintiff in the other suit, the decision cannot be binding on that plaintiff.   No question of lis pendens arises in such a case.   Mohammad Akram Khan v. Kaniz Fatima Bibi P L D 1952. Lah. 489 ref.   Manpal v. Sahib Ram I L R 27 All. 554 distinguished   Mool Chand v. Ganga Jal A I R 1930 Lah. 356 correctness, doubted. JUDGMENT   KAYANI, C. J.---This is a first appeal in a pre-emption suit by a person to whom the vendee sold the land in suit in recognition of his pre-emotive right while the plaintiff's suit was pending.   On the 19th of August 1957, Nur Muhammad sold his land, 64 kanals in area, in thevillage Thul Wazir of Rahimyarkhan Tehsil, to Mehr Din, respondent No. 2, ostensibly for Rs. 8,000. On the 29th of March 1958, Shahro Khan filed a suit for posses sion by pre-emotion, the basis of the claim being that he was a co-sharer in the land sold.   While steps were being taken to effect service on the vendee, on the 1st of September 1958, Ghulam Tayyib, the present appellant, brought another pre-emotion suit in respect of the same land against Mehr Din and obtained a compromise decree fourteen days later, that is, on the 15th September. On the 20th of September 1958, since service had been effected in the present suit on a son…