Law: Punjab Pre-emption Act (I of 1913)

Section: 115

Punjab Pre-emption Act (I of 1913)-- ----5. 4---Civil Procedure Code (V of 1908), S.115---Right of pre-emption-- Nature of transaction in question was determined by Courts below to be sale and thus subject to right of pre-emption ---No misreading/non-reading of material evidence relating to nature of transaction, by Courts below was pointed out-- High Court on independent assessment of evidence came to the conclusion that the transaction in question was in fact, sale and that through an overwriting on original mutation, attempt had been made to give to the sale transaction, the colour of gift transaction---Judgments and decrees of Court below thus did not suffer from illegality or material irregularity. Punjab Pre-emption Act (I of 1913)-- ----S. 15---Pre-emption, right of ---Pre-emptor was the owner of estate at the time of sale, at the time of institution of suit and he retained his ownership in the estate till the date of decree in his favour---One of vendees though was son of vendor, yet he could not defeat the superior right of pre-emption for the reasons that he did not own any land in the estate before the date of attestation of mutation and also having joined a stranger with him, had lost his right to resist the superior pre-emption right of pre-emptor. Ch. Muhammad Saced for Petitioner. M. Aslam Chatha for Respondent. Date of hearing: 30th October, 1989. JUDGMENT On 12-7-1973, Shah Muhammad filed two suits i.e. Suit No.516/73 for possession by pre-emption of agricultural land measuring 12 kanals 18 marlas on the basis of being co-owner in the estate against Muhammad Iqbal and Faqir Muhammad petitioners and Suit No.515/73 for possession by pre-emption of land measuring 21 Kanals 2 Marlas on the basis of being collateral of the vendor and owner in the estate, against Faqir Muhammad petitioner alone, in the Court of Senior Civil Judge, Gujranwala. The suits were resisted whereon separate issues were framed. Iri suit No.516/73 following issues were framed: Whether the suit is barred by time?   Whether the suit land is evacuee one and forms part of compensation pool and is not pre-emptible? Whether the Civil Court has no jurisdiction to try the case?…