Law:

Section:

Punjab Pre-emption Act (I of 1913)--- S. 15-Suit for pre-emption -Decree passed in favour of pre-emptor with consent of vendor---Pre-emptor unable to execute decree on account of an act of God-Receiver appointed to safeguard his interest-Order passed by Courts below found to be fair and equitable-Held, case not a fit one for granting leave to appeal in exercise of Supreme Court's discretionary jurisdiction -- Constitution of Pakistan (1973), Art. 185(3). ORDER NASIM HASAN SHAH, J.--A consent decree for possession by pre-emption was passed in favour of the respondent on 6-11-1973 and the said respondent deposited the sum of Rs. 88,000 in Court as price of the suit land. Before the decree could, however, be executed, the case file was damaged by the floods and the decree sheet became indecipherable. Consequently, the file was ordered to be reconstructed. But as this was taking an enormous time, the learned Senior Civil Judge, Sheikhupura, on the respondent's application, appointed Naib-Tehsildar, Ferozewala as a receiver to take into custody 15 killas of land out of the suit land and the crops standing thereon and directed him to manage the land and deposit the proceeds of the crops in Court pending decision of the suit, vide his order dated…

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