Law:

Section:

Punjab Pre-emption Act (I of 1913)- Ss. 4 & 6-Collusive decree--Effect qua suit for pre-emption-Col­lusion between vendor and vendee resulting in declaratory decree aimed at giving back disputed land to vendor with a view to defeat pre­emption suit brought by respondent-Decree thus obtained no better than resale of land by vendee in favour of vendor and would therefore, not adversely affect suit for pre-emption-Court seized of pre-emption suit, held, possessed jurisdiction to hold such decree to be ineffective qua suit for pre-emption. Ghulam Tayyib v. Shahro Khan and others P L D 1962 B J 1 ; Mehr Kamir v. Walt Muhammad and 5 others P L D 1972 Lab. 287 ; Mahmood Khan v. Khan Muhammad and 5 others P L D 1973 Lab. 806 ; Muzaffar Khan v. Muhammad Khan etc. 38 P L R 224 ; Imami v. Allah Diya and others 40 I C 767 ; Sukha and others v. Arura Mal and another P L R 1908 Lab. 165 ; Pal Singh and another v. Jamun 49 I C 159 and Muhammad Khan and another v. Zir Mir Khan and 2 others 1981 C L C 129 ref. ORDER The facts giving rise to this regular second appeal are that the appellant, Falak Sher, sold certain land in favour of respondent No. 2, Chiragh Din. It was an oral sale which was followed by mutation. Respondent No. 1, Muhammad Rashid, filed a suit for possession of the said land through pre-emptiom Thereafter, the appellant, who had sold the land, instituted a suit for declaration that there was no sale of land by him and that he con­tinued to be its owner. The pre-emption suit was still pending .when the declaratory suit was decreed. Thereupon, the plaint in the pre-emption suit was amended so as to impleaded the appellant as a defendant in the suit. Then an additional issue was framed with a view to finding out the effect of the declaratory decree on the suit for pre-emption and, after necessary inquiry, it was held that the declaratory decree was collusive and, therefore, it did not affect the pre-emption suit. Ultimately, the pre-emption suit was decreed. The judgment and decree passed in that suit were challenged by the appellant by means of an appeal which was dismissed by an Additional District Judge. He has, therefore, come up in second appeal to this…

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