Law:

Section:

(a) Punjab Pre emption Act (I of 1913) S. 17 Equal right of pre emption Petitioner's decree, as per its terms, becoming operative only on failure of prior sets of pre emptors ' to comply with terms of their respective decrees First pre emptors depositing requisite decretal amount, terms of decree, held, complied with and petitioners could not come forward for execution of their own decree. (b) Punjab Pre emption Act (I of 1913) S. 17 Equal right of pre emption Contention that Z (second set of pre emptors) having taken back amount of Rs. 875 after 15 7 1969 (date fixed for purpose) said amount ought have been deposited afresh and independently by M (first set of pre emptors) before 3I 7 1969 and such having not been done terms of decree of M not complied with Held, of no merit Amount of Rs. 875 had to be adjusted towards amount to be paid by M in case Z did not withdraw same before 15 7 1969 and since Z did not withdraw such amount before aforesaid date same became automatically adjusted towards amount to be paid by M Aforesaid amount having thus automatically become amount of vendees, if M later on allowed to take same back, such could not affect decree of M for entire property Withdrawal of amount, held further, a dispute between vendees and Z and same could not be ground for dismissing rights of M or improving position of petitioners (third set of pre emptors). ORDER KARAM ELAHEE CHAUHAN, J. Muhammad Hayat (vendor) sold the land in dispute measuring 23 kanals and 4 marlas to (i) Muhammad Amir, (ii) Abdul Rahim and (iii!) Abdul Wahid (vendees). Three sets 'of persons filed three separate suits for pre empting the aforesaid sale on the ground of relationship with the vendor. First suit was filed by Mst. Ghulam Kubra and others; the second suit was filed by Mst. Zubeda Bibi and others; and the third suit was filed by Manzoor Alim and Muhammad Nazir (present petitioners). The pre emptors in the first suit fell in the category of "sharers" and were eligible to inherit 89/96 shares in the estate of the vendor at the relevant time. The pre emptors in the second suit were also "sharers" and were eligible to inherit 7/96 shares. The pre emptors in the third suit…

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