Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3) and Punjab Pre emption Act (I of 1913), S. 15 Leave to appeal Respondent's father selling disputed land to petitioner ¬Respondent minor filing pre emption suit for same land through his mother Contention that in view of fact that respondent a minor having no independent means of his own, vendor himself getting pre emption suit filed in collusion with his wife for his own benefit Question raised, held, of considerable importance leave to appeal granted to consider same. Nazar Muhammad v. Sardar Muhammad etc .11 L L J 220 fol. ORDER ASLAM RIAZ HUSSAIN, J. Muhammad Iqbal and Shah Muhammad sold 427 kanals 3 marlas of land to Imam etc., petitioners, but Saifur Rehman the minor son of Muhammad Iqbal filed a suit to pre empt the sale through his mother Mst. Zaitoon Bibi as his guardian ad litem. Younas, the son of Shah Muhammad, the other vendor, also joined in the suit but subsequently withdrew from it. The suit was decreed by the trial Court. The appeal filed by Imam etc. (vendees) before the District Judge was dismissed and the R. S. A. filed by them met the same fate. Hence the present petition. 2. The learned counsel for the petitioner submitted that in view of the fact that Shafi ur Rehman respondent was a minor and had no independent `means of his own, it is apparent that Muhammad Iqbal vendor himself got the suit filed in collusion with his wife (Mst. Zaitoon Bibi), for his own benefit, using the name of his minor son…

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