Law:

Section:

Punjab Pre-emption Act (I of 1913)---S. 15-Pre-emption-Limitation-Contended that right of pre-emp­tion by suitor N as co-sharer being personal right same came to end on his death occurring before passing of impugned and decree after limitation run out and as such legal representatives of N possessed no independent pre-emption right on date of sale nor any pre-emptive rights held by deceased N devolved on them - Held: Suitor K and petitioner derived pre-emptive powers when both impleaded as parties in suit filed by K, N being neither impleaded nor both suits filed by N and K having been consolidated, despite suit of N having been filed earlier and been pending. ORDER MIAN BURHANUDDIN KHAN, J. This petition seeks leave to appeal from the judgment dated 1-2-82 of a learned Single Judge of the Lahore High Court, Rawalpindi Bench in R. S. A. No. 746 of 1966 whereby the judgment of the District Judge, Jhelum dated 12-7-1966 was upheld. 2. The petitioner purchased land measuring 27 kanals and 19 marlas in the revenue estate in village Gurah Mahal, Tehsil Jhelum by mutation No. 39 sanctioned on 13-4-1964 from Muhammad Ali. Respondent Khushi Muhammad filed a suit for pre-emption on the ground that he was a co­sharer in the suit land and the suit was decreed in his favour on 8-6-1965. Another suit for pre-emption, on the same ground, was filed by Noor Muhammad, predecessor-in-interest of respondents other than Khushi Muhammad. Before the issues were struck by the trial Court Noor Muhammad died and his Legal Representatives were brought on the record and Khushi Muhammad was also impleaded as a party in the second suit. The suit filed by Noor Muhammad was dismissed on 11-5-1966 on the ground that he, having participated in the sale, has waived his right of pre-emption, and after his death the right of pre-emption did not survive. Legal re­presentatives of Noor Muhammad filed a civil Suit No. -145…

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