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

Section: 15 , 39

Punjab Pre-emption Act (I of 1913)--- ----S.15---Specific Relief. Act (I of 1877), S. 39---Pre-emption suit-- Cancellation of sale of suit land on ground of fraud by Court decree ---Effect--- Sale-deed in favour of defendants (vendees) was executed on basis of power of attorney---Original owner (vendor) of land in question, challenged validity of power of attorney and the sale-deed which were cancelled by Trial Court on compromise of parties---Original owner (vendor) then got herself impleaded in pre-emption suit and presented judgment of Trial Court regarding cancellation of sale-deed in question, which was the subject-matter of pre-emption suit-- Trial Court dismissed pre-emption suit while appellate Court decreed the suit---Validity---Cancellation of sale-deed was not a case of mere resale of land to original owner (vendor) for avoidance of pre-emption but was a clear case of cancellation of sale of land on grounds of fraud and misrepresentation--Upon avoidance of sale, therefore, pre-emption suit must fail and was rightly dismissed by Trial Court---Appellate Court's decree decreeing pre-emption suit was set aside in circumstances. Taqi Ahmad Khan for Petitioner. Zafar Pasha for Respondent No. 1. Nemo for the Remaining Respondents. Dates of hearing: 23rd and. 25th November, 1993. JUDGMENT Mst. Amanat Bibi was daughter of Hashim Khan. She was married to Abdul Majeed. He died and left her a widow. On his demise, she inherited from him 23 Kanals, 4 Marlas of land at Mauza Ismailpur in Tehsil Wazirabad of District Gujranwala. In her widowhood, she was abducted. A criminal case was registered regarding her abduction. It was tried in a Court of Criminal jurisdiction but the accused were acquitted. On record, there was a dispute about her real abductors. There was some indication that sons of Khuda Dad, respondent abducted her. Equally, there was a suggestion that Ahmad Khan had abducted her. Copy of the FIR lodged on the abduction of Amanat Bibi and the judgment of the Criminal Court were not on file. Therefore, nothing certain could be said about the accused of the abduction case. Mst. Amanat Bibi asserted that Ahmad Khan duped her for a power of attorney in…