Law:

Section:

Punjab Pre-emption Act (I of 1913)--- Ss. 4 & 15-Suit for-Plaintiff, in order to succeed, must possess and retain a preferential right at three stages, viz. date of sale, date of suit and sait of decree-Right of pre-emptor not remaining superior or preferential by or at last stage-Held, suit of pre-emptor rightly dismissed. ORDER KARAM ELAHEE CHAUHAN, J.-Mst. Zohra Bibi and others (vendors) sold the land in dispute which is described more fully in the petition to (i) Muhammad Mohsin and his minor son Naim Ahmad on 30-12-1970. 2. The present petitioner/plaintiff filed a suit to pre-empt the aforesaid sale which was decreed by the learned Civil judge on 1-3- 1973. 3. It appears that during the period of limitation prescribed for filing a pre-emption suit, the original two vendors sold the aforesaid land to Ahmad Hassan who became a party in the suit in the civil Court, and feeling aggrieved from the judgment of the learned Civil Judge whereby he had refused to give effect to his purchase, filed an appeal which was accepted by the learned Additional District Judge vide his judgment dated 8-9-1973, whereby he dismissed the suit of the petitioner/plaintiff on the ground that Ahmad Hassan having an equal right of pre-emption with the plaintiff (both being proprietors in the village)-and the subsequent sale being within the period of limitation, the plaintiff's suit could not have been decreed due to the aforesaid eventuality or development. It may be mentioned here that Ahmad Hassan was a father of vendee No. 1 and grandfather of vendee No. 2. 4. The plaintiff petitioner filed a second appeal being R. S. A. No. 383/73, but without any success as it was dismissed by the High Court on 19-7-1980. The petitioner has now come up in a petition for special leave to appeal to this Court. 5. Learned counsel argued that Naeem Ahmad vendee No. 2 (in the original sale) was a minor and, therefore, further sale by him of his share to his grandfather Ahmad Hassan was not in his welfare and the two courts below have erred in upholding the aforesaid further sale. The contention has no merit, because, by the further sale the property has been transferred to the grandfather of the…

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