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

Section: 28

Punjab Pre-emption Act (I of 1913). S. 28-Pre-emption suits M and A rival pre-emptors- In A's suit consent decree passed but M in that suit not impleaded as party-Decree not nullity but having been obtained in disregard of provision of S. 28, not binding on M. Dates of hearing: 26th, 27th, 30th April and 21st June 1973.                                                                                                                           JUDGMENT Two suits were brought by rival pre-emptors, Mahmood Khan appellant and Muhammad Asif (a minor) respondent No. 6, -respectively, against the vendees-respondents Nos. 1 to 5. In Muhammad Asif's suit, a consent decree was passed on the 14th of January 1963, without impleading Mahmood Khan, whose suit was pending. On objection being raised in Mahmood Khan's suit Muhammad Asif, the rival pre-emptor, was impleaded as a defendant. The trial Judge decreed Mahmood Khan's suit holding that Muhammad Asif's suit was collusive and Mahmood Khan having a superior right of pre-emption as a co-sharer 1n the suit Khata, is entitled to the decree. The lower appellate Court has reversed the finding on the issue of collusion and has dismissed the suit on the ground that Muhammad Asif being a son of one of the vendors and nephew of the other vendor has a preferential right as against Mahmood Khan. 2. In this appeal, learned counsel has argued with vehemence that because of non-impleading of Mahmood Khan in Muhammad Asif's suit, the consent decree obtained by him, being violative of the provisions of section 28 of the Punjab Pre-emption Act, is a nullity. It is contended that the entire proceedings in the two suits are bad in law and the suits be remanded to the trial Court with a direction to permit impleading of either rival pre emptor as a defendant in the other suit, as envisaged in section 28 and then decide…