Law: Punjab Pre-emption Act, 1913

Section: 15(b)

Punjab Pre-emption Act (I of 1913)--   ---S.15(b)--Suit for pre-emption on grounds that plaintiff was a real brother of vendor and he was a tenant in disputed land--Contention that plaintiff having claimed to be a tenant, Civil Court had no jurisdiction to entertain suit which fell exclusively within competence of Revenue Court rejected by High Court--No reason shown to take a different view in the matter--Contention that under the Muslim Law the right of pre-emption based upon mere relationship with vendor was unenforceble, held, could not be accepted in view of decision of Supreme Court in 1987 SCMR 406--Petition for leave to appeal dismissed. --[Muhammadan Law].   Piran Ditta v. Member Revenue Board 1987 SCMR 406 ref. ORDER SAAD SAOOD JAN, J.--This petition for special leave to appeal arises out of a pre-emption suit brought by the respondent. The suit was decreed by the trial Court and the appeal preferred by the petitioners was dismissed on 25-11-1979 by the Lahore High Court. 2. Learned counsel for the petitioners states that the respondent had founded his claim to superior rights on two grounds; first, he was a real brother of the vendor and, second, he was a tenant in the land in dispute. He argued that as the respondent had also claimed to be a tenant the Civil Court had no jurisdiction to entertain the suit for it…

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