Law: Punjab Pre-emption Act, 1913

Section: 21

Punjab Pre-emption Act (I of 1913)--   ---S.21--Pre-emption suit--Right to pre-empt on the basis of being an owner in the estate was not available in view of decision of Supreme Court in the case of Government of N.-W.F.P. v. Said Kamal Shah P L D 1986 S C 360 and suit could not be decreed on 5-12-1987 in view of of Supreme Court P L D 1988 S C 287.   Government of N.-W.F.P. v. Said Kamal Shah P L D 1986 S C 360 and P L D 1988 S C 287 ref.   ORDER MUHAMMAD HALEEM, C.J.--The respondent herein pre-empted the sale of land measuring 100 Kanals 16 Marlas situate in village Parri, Tehsil Fateh Jang, District Attock, through a suit for possession claiming to possess superior right as a co-sharer as well as an owner in the estate. The trial Court held him to be an owner in estate and not a co-sharer in the Khata on 11th of June, 1983, but dismissed the suit as it found that he had failed to pay the court-fee within the period of limitation and allowed the suit to become time-barred The appeal failed as it was dismissed on 24th September, 1984. The respondent thereupon preferred a revision in the High Court…

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