Law: Punjab Pre-emption Act, 1913

Section: 5, 12

Punjab Pre-emption Act (I of 1913) Ss. 5 & 12-Partial pre-emption -Part of land on which shops found constructed alone exempt from pre-emption --Shops not alleged to have been constructed on entire area of land in dispute, contention being that besides shops rest of area was surrounded by a boundary wall-Existence of boundary wall, held, does not automatically qualify for exemption from pre- emption-Pre-emptor asking for whole of property sold but High Court finding part of property covered with shops and as such not pre-emptible No bar in circumstances, held, for grant of a decree for remaining area of land. Malik Hussain and others v. Ram Chand and others P L D 1970 S C 299 ref.                                                                                                                                            ORDER ANWARUL HAQ, C. J.-This petition seeks leave to appeal against the judgment of the Lahore High Court dated the 8th of March, 1977, whereby the second appeal filed by the respondent was partly accepted and his suit for pre-emption was decreed to the extent of 10 marlas out of the disputed land. The land was originally owned by one Anwar Ali and was measuring a little over one kanal. He sold it on the 29th of January, 1967, to one Ashiq Hussain, who in turn sold 10 marlas out of the same: to Muhammad Sharif on 23rd August, 1967 and constructed shops thereon. One Irshad Ali filed a pre-emption suit against Ashiq Hussain attd Muhammad Sharif regarding both the sales. The suit was decreed in his favour on the 8th of June, 1968, and the decree became final as no one agitated against the same by way of appeal. Having obtained the entire area in dispute under the pre-emption decree in his favour, Irshad Ali sold the same to the present petitioner Ali Akbar. Thereupori respondent Muhammad Anwar…