Law: Punjab Pre-emption Act, 1991

Section: 34, 2(a), 5, 13

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Punjab Pre-emption Act (XI of 1991) Preamble & S. 34---Punjab Pre-emption Act (I of 1913) [since repealed], Preamble---Law of pre-emption in Pakistan---Historic perspective---In the case of Government of N.W.F.P. Through Secretary, Law Department v. Malik Sajid Kamal Shah reported as PLD 1986 Supreme Court 360, the Shariat Appellate Bench of Supreme Court of Pakistan declared the Punjab Pre-emption Act, 1913 as void and ineffective w.e.f 1st August, 1986---After the pronouncement of said judgment, the then Governor of Punjab successively, back to back, promulgated four Ordinances namely Punjab Pre-emption Ordinance---Said Ordinances were challenged before the Federal Shariat Court through various petitions and during their pendency, in order to reenact the existing law relating to pre-emption, so as to bring it in conformity with the Injunctions of Islam as set out in Holy Quran and Sunnah of Holy Prophet (peace be upon him), the Punjab Pre-emption Act (XI of 1991 ( the Act 1991 ) was promulgated on 6 April, 1991---By virtue of S.34 of the Act 1991, the Punjab Pre-emption Act (I of 1913) was repealed. Government of NWFP through Secretary, Law Department v. Malik Sajid Kamal Shah PLD 1986 SC 360 ref. (b) Punjab Pre-emption Act (XI of 1991) Ss. 2(a), 5 & 13---Suit for possession on basis of pre-emption---Immoveable property situated in an urban area or within Cantonments limits---Non-applicability of pre-emption law---Defendant moved an application for rejection of plaint on the ground that as the transaction related to a shop, so it was not pre-emptable; said application was allowed by Trial Court which order and decree was maintained by the District Court---Validity---Section 5 of the Punjab Pre-emption Act, 1991 ( the Act, 1991 ) ordains that right of pre-emption shall arise in case of sale of immovable property while from the definition of immovable property as mentioned, at the time of promulgation of the Act, 1991, in its S.2(a), it is manifest that the immovable property, situated in an urban area or within Cantonments limits (as declared by any law relating to Local Bodies or Cantonments, as the case may be, for the time being in force), was…