Law:

Section:

Punjab Pre-emption Act (IX of 1991)--- ----S. 2(a)---Civil Procedure Code (V of 1908), O.VII, RAI ---Right of pre emption ---Rejection of plaint---Suit for pre-emption in respect of sale of land situated within territorial limits of Town Committee, was filed by pre-emptor on ground of being co-sharer, Banna Sharik and watercourse participant---Sale-deed in respect of land in dispute was registered on 4-11-1993 which was the date of sale of that land and pre-emption suit was filed by plaintiff on 16-2-1994--Application for rejection of plaint was filed by vendee on ground that on the date of registration of sale-deed which was 4-11-1993, right of pre-emption was not available in suit land as same was situated within limits of Town Committee---Right of pre-emption in respect of immovable property situated within urban area of Town Committee which could be exercised with effect from 31-12-1993 in view of decision of Supreme Court (PLD 1994 SC 1), plaintiff could not exercise that right with respect to suit land at initial stage on 4-11-1993 because on that date which was date of sale of property in dispute right of pre-emption was not available in respect of suit property situated within Town Committee---Plaint of pre-emptor was rightly rejected, in circumstances. Haji Rana Muhammad Shabbir Ahmad Khan v. Government of Punjab Province, Lahore PLD 1994 SC 1 ref. Ch. Muhammad Ashfaq for Petitioner ORDER   An area of 8 Kanals and 11 Marlas of land situated within the territorial limits of Town Committee, Dajal, District Rajanpur (fully described in the plaint) was purchased by Muhammad Qasim respondent-vendee vide sale-deed registered on 4-11-1993. Haji Muhammad Shahab-ud-Din instituted his suit on 16-2-1994 to pre-empt the said sale on the alleged qualifications of being the co- sharer, Banna Sharik and watercourse participant. According to him the vendee - respondent did not-possess the aforesaid qualifications. He averred that he had fulfilled all the prerequisites of Talabs as required by law. The sale price in the sum of Rs.1,37.,000 was admitted by the pre-emptor/petitioner. On 13-9-1994 Muhammad Qasim respondent-vendee filed an application for the…