Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Punjab Pre-emption Act, 1913

Section: 21

(a) Constitution of Pakistan (1973)---Art. 185(3)--Punjab Pre-emption Act (I of 1913), S.21--Suit for pre-emption --Waiver of right to preempt--Plea that mere knowledge of an intending pre-emptor about sale which is subsequently made subject ­matter of a pre-emption suit, would constitute waiver, not sustained-­Decree passed in favour of pre-emptor upheld--Leave to appeal refused. (b) Constitution of Pakistan (1973)- ---Art. 185(3)--Civil Procedure Code (V of 1908), S.100--Second appeal--Suit for pre-emption--Decree upheld in second appeal--Finding of fact by High Court against plea of waiver of right to pre-empt conclusive--Finding not suffering from any infirmity maintained--Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 4-12-1984 of the Lahore High Court; whereby a second appeal arising out of a pre-emption decree passed against the petitioners vendees in favour of the respondents preemptors, was dismissed. Learned counsel for the petitioner has urged only one point, which is based on Issue No.5-- "whether the plaintiffs waived their right of pre-emption". Although this issue was pressed before the trial Court and it was decided against the petitioners it was not pressed before the First Appellate Court. However, the learned High Court in second appeal allowed the point to be urged but after careful examination of the evidence led by the parties gave a finding against the petitioners. Accordingly leave to appeal has been sought. Learned counsel has contended that the vendor had before the sale of the suit-land to the petitioners vendees, posted an advertisement in the newspaper offering the land for sale to all…

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