Law:

Section:

Constitution of Pakistan (1973)-----Arts. 185(3) & 203-D--Punjab Pre-emption Act (I of 1913), S.15(a), (b) clause Thirdly--Superior rights of pre-emption-- Repugnancy to injunctions of Islam--Suit for pre-emption-Plaintiffs being heirs of vendor, claimed superior rights of pre-emption-- Suit decreed and decision upheld in appeal--Leave to appeal sought on ground that relevant provisions of law having been, held, repugnant to injunctions of Islam suit for pre-emption must fail--Since leave had already been granted on similar point, leave granted in instant case as well and appeals directed to be heard together. Government of N.-W.F.P v. Said Kamal Shah P L D 1986 S C 360 rel. ORDER ALI HUSSAIN QAZILBASH, J.--Khushi Muhammad and three others have sought leave to appeal against the order of a learned Division Bench of the Lahore High Court, Bahawalpur Bench, dated 22nd May 1985/2nd June, 1985, whereby their appeal from the judgment and decree passed by the learned Civil Judge, 1st Class, Ahmadpur East, dated 20-1-1980, was partly allowed. 2. Land measuring 510 Kanals situate in Mauza Khameesa Pakhiwal, Tehsil Ahmadpur East, District Bahawalpur, was sold to the petitioners for an ostensible sum of Rs.1,83000. The sale was pre-empted by Sher Muhammad and others, respondents, on the ground that they being the legal heirs of the vendors have a superior right of pre-emption and also that in fact the land was sold for Rs.1,33,000 but in order to ward off their right of pre-emption, an inflated amount of Rs.1,83,000 had been given as the sale price. This was contested by the petitioners refuting the claim of the respondents of having a preferential right and also that the pre-emptors had failed to deposit the Zar-e-Panjum in compliance with the order of the Court. The pleadings of the parties resulted in the framing of as many as twelve issues, of which issues 1 and 7 are relevant for the purpose of the present petition and are giver below: "(1) Whether the plaintiffs have got superior right of pre-emption? (7)Whether the suit is not maintainable in its present form in view of the preliminary objection No.4 of the written statement?" The learned trial Court…

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