Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Punjab Pre-emption Act (I of 1913), S.15(b), thirdly-­Right of pre-emption --Vests in order of succession--Suit for pre-emption --Sale of agricultural land by Muslim decreed in favour of residuary against a distant kindred--Upheld by Supreme Court--Held, in matter of pre-emption against a residuary everybody else except a sharer with whom residuary stands in same order of succession, was excluded. Jalal Din v. Saeed Ahmad and others P L D 1979 S C 879 rel. Ch. Khalilur Rehman, Senior Advocate Supreme Court with Sh. Salahuddin, Advocate-on-Record for Petitioner. Nemo for respondent. Date of hearing: 11th November, 1985. ORDER NASIM HASAN SHAH, J.--This matter arises out of pre-emption suit. The petitioner, who is the sisters son of the vendor, had purchased the suit land. The sale was pre-empted by respondent No.1, who is the son of the vendors brother. The pre-emption suit has succeeded on the ground that respondent No.1 is residuary of the vendor while the petitioner is a distant kindred. Since respondent No.1 would inherit the vendors property to the exclusion of the petitioner, he enjoyed a superior right of pre-emption. 2. Ch. Khalilur Rehman, learned counsel for the petitioner has submitted that the above view is not correct. According to him, even a distant kindred can defeat the right of nearer…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492