Law:

Section:

Punjab Pre-emption Act (I of 1913)­--- S. 15-Suit for pre-emption--Right of pre-emption--Rule that pre­ emptor in order to succeed must retain his superior position till date of decree-Cannot be re-examined. Ali Mohammad and another v. Mohammad Din and others A I R 1941 Lah. 444 and Mango v. Imam Din and others A I R 1933 Lah. 117 ref. ORDER NASIM HASAN SHAH, J.--The dispute in this case relates to a piece of agricultural land measuring 100 kanals situate in Revenue Estate of Mauza Kalair Kot Khanda, Tehsil Daska, District Sialkot. One Habibur Rahman, who is not a party to these proceedings, was the original owner of this land. By weans of a registered sale deed dated the 7th January 1967, he sold the land to Ali Muhammad, Mohammad Sharif, Mohammad Shafi, Nazeer and Rukan Din, defendants Nos. 1 to 5 (in the suit), for a consideration of Rs. 23,000. On the 9th May, 1967, Rukan Din, defendant No. 5, sold his share to Ali Mohammad, defendant No. 1 and a mutation to this effect was duly sanctioned by the revenue authorities. The petitioners herein instituted a pre-emption suit pleading that as defendant No. 5, Rukan Din, one of the vendees was a stranger, the plaintiff's were entitled to pre-empt the sale. It was also contended that even if the sale by Rukan Din to Ali Mohammad was a valid transaction, it would no effect the petitioners' superior rights of pre­emption. The learned Civil Judge trying the suit framed several issues of which Issue No. 1 is important for our purposes and reads as follows: - "Whether the defendant No. 5 alienated his share in the suit land to defendant No. 1, in recognition of his superior right of pre-emption? If so, when and with what effect?" The trial Judge decreed the suit of the petitioners holding that although the sale by defendant No. 5 in favour of defendant No. 1 was made prior to the institution of the suit for pre-emption the said sale of land by defendant No. 5 in favour of defendant No. 1 was not made in a recognition of the latter's superior rights of pre-emption. Consequently, the above issue was decided in favour of the plaintiffs and their suit decreed. The defendants aggrieved by the above decree filed an appeal…

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