Law: Punjab Pre-emption Act, 1913

Section: 15

Punjab Pre-emption Act (I of 1913)--   ---S.15--Pre-emption suit--sale--Vendees had filed a suit for specific performance of contract of sale which was decreed in their favour--Leave to appeal granted to consider questions whether sale would be deemed to have taken place when the decree for specific performance was passed in favour of vendees; whether sale had not taken place by virtue of the decision of the Court and that the completion of documents or acceptance of the decree by the -debtor, were only formalities which could not change the form and date of sale or that Of the decree for specific performance and to examine the scope of the word sale in such like cases.   Abdul Karim v. Fazal Muhammad Shah P L D 1967 S C 411 ref. ORDER MUHAMMAD AFZAL ZULLAH, J.--This is plaintiffs petition for leave to appeal in a pre-emption matter. 2. The petitioners suit was decreed by the trial Court. The respondents appeal was allowed by the District Court and petitioners suit was dismissed. The High Court dismissed petitioners Regular Second Appeal and affirmed the decision of the First Appellate Court. The petitioners have now sought leave to appeal. 3. The respondents/ vendees had filed a suit for specific performance of contract of sale which was decreed in their favour. The petitioners treated the decree as sale and filed suit for pre­emption. It has been held in the impugned judgments that unless the decree for specific performance is followed by documents completing the sale, the…

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