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

Section: 15 , 52

  a. Punjab Pre-emption Act (I of 1913)--- ----S. 15---Transfer of Property Act (IV of 1882), S. 52---Suit  for  pre  emption  ---Lis  pendens,  rule of---Applicability---Extent---Rule of lis pendens was as much applicable to pre-emption suit as to any other suit---Said rule, however, would not affect existence of a pre-existing right. Punjab Pre-emption Act (I of 1913)--- ----S. 15---Specific Relief Act (I of 1877), S. 42---Two suits viz. suit for declaration and suit for pre-emption were filed by two different group of persons relating to the land in question---Suit for pre-emption in favour of pre emptor was decided earlier in date ---Pre-emptors were not made party to suit for declaration ---Pre-emptors having deposited sale price in Court for acquiring complete title to land in question, were necessary party to suit for declaration to the proper and satisfactory decision in suit for declaration---In absence of pre-emptors as a party to suit for declaration, their rights in the land in question (which they had successfully pre-empted) were materially affected---Suit for declaration having been decreed in absence of successful pre-emptors, decree and judgment granted therein, was set aside and case was remanded for decision afresh on merits---Lower Appellate Court was also directed to take into consideration decree which was granted in suit for pre emption relating to land in question, and decide the case after hearing successful pre-emptors.   Bishan Singh and others v. Khazan Singh and another AIR 1958 SC 838 ref. Muhammad Afzal Wahlah for Petitioners. Ch. Khurshid Ahmad for Respondents. Date of hearing 13th June, 1994. JUDGMENT This is an application under section 115, Civil P.C. from a judgment of learned Additional District Judge, Jhang by which a decision of learned trial Court dated 18-7-1979 was reversed by him solely on account of doctrine of lis pendens. Facts bearing on the decision of the case briefly set out are these: Mahnda owned land measuring 106 Kanals, 18 Marlas at Mauza Gilmala of Tehsil and District Jhang. He died on 29-10-1972 without leaving a. male issue. He was survived by a widow, Mst. Zainab…