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

Section: 15

Law: Punjab Pre-emption Ordinance, 1990

Section: 27 , 34 , 25

  Punjab Pre-emption Act (I of 1913)--- ----S. 15---Pre-emption suit---Superior right of pre-emption claimed on ground of relationship and ownership in estate ---Pre-emptor's suit was decreed on 8-3 1982---Appellate Court, on short ground that suit was filed beyond period of limitation set aside decree of Trial Court---High Court in second appeal reversed finding on point of limitation and remanded case to First Appellate Court for determining other issues in accordance with law---First Appellate Court dismissed appeal against judgment and decree of Trial Court on 10-10-1989-- Fate of second appeal filed by vendee would hinge on the question whether pre emptor could press into service decree dated 8-3-1982 in her favour or that same was a dead letter---Supreme Court in Sardar Ali's case reported as P L D 1988 SC 287 had clearly conceived of the situation and held that plaintiff could agitate for the restoration of decree---In first round of litigation, the moment pre emptor's second appeal was accepted, result was that judgment and decree of First Appellate Court was set aside and that of Trial Court automatically stood restored---Trial Court's decree dated 8-3-1982 was confirmed by First Appellate Court after remand i.e., in second round of litigation---Decree which pre-emptor could press into service and execute was dated 8-3-1982 and same was fully protected---Second appeal was dismissed in circumstances. Government of N. W.F.P. v. Said Kamal Shah P L D 1986 SC 360 and Sardar Ali and others v. Muhammad Ali and others P L D 1988 SC 287 rel. Punjab Pre-emption Ordinance (V of 1990)--- ----Ss. 27 & 34---Punjab Pre-emption Act (I of 1913), S.25---Punjab Pre-emption Ordinance, 1990 would have no retrospective effect ---Vendees claimed that value of land in dispute having appreciated during pendency of litigation, prevalent market value of land be got assessed and plaintiff be directed to pay the same instead of sale price---Legality=--Punjab Pre-emption Ordinance, 1990 had not been made applicable to cases filed and decided under old law of 1913-- Vendee's, submission that Punjab Pre-emption Act, 1913 was not repealed but declared by…