| Citation(s) |
|---|
| 1981 SLG 3176 = 1981 SLD 3176 = 1981 CLC 1756 |
Lahore High Court
Regular Second Appeal No. 798 of 1978, decided on 12th November, 1980.
Presented By: Khurshid Ahmad, J
Riaz Anwar for Appellant. Nawazish Ali Asadi for
Respondents.
Regular Second Appeal No. 798 of 1978, decided on 12th November, 1980.
Presented By: Khurshid Ahmad, J
Riaz Anwar for Appellant. Nawazish Ali Asadi for
Respondents.
MUHAMMAD BAKHSH AND OTHERS--Appellants
VERSUS
QUTABUDDIN AND OTHERS-Respondents
Law: Punjab Pre-emption Act, 1913
Section: 4, 15
Law: Transfer of Property Act (IV of 1882)
Section: 52, 4, 15
(a) Punjab Pre-emption Act (I of 1913) Ss. 4 & 15 and Transfer of Property Act (IV of 1882), S. 52-Pre emption - Doctrine of lis peralens --- Does not hit sale made during pendency of suit by vendee in favour of a person possess ing a right of pre-emption equal to that of pre-emptor--Person possessing a superior right of pre-emption instead of buying suit property privately bringing pre-emption suit-Suit of such person to succeed and pre-emptor to be non-suited-Vendee may sell to a person having an equal right with pre-emptor or having a superior right to pre-emptor ante litem so as to defeat pre-emptor's claim in genuine transaction-Inequitable hence to…