Law: Constitution of Pakistan, 1973

Section: 199

Punjab Pre-emption Act (I of 1913)--S.30--Constitution of Pakistan (1973), Art.199--Transfer of Property Act (IV of 1882), S.52--Pre-emption suit--Mutation of sale was sanctioned in favour of original vendees on 12-6-1970--Vcindees subsequently sold the land in favour of subsequent vendee in recognition of her superior right of pre-emption through mutation entered on 10-&1971 and sanctioned on 24-6-1971--Sale m favour of subsequent vendee (petitioner) by onginal vendees~ whether was complete on 10-6-1971 when mutation was entered or whether same was complete when it was sanctioned on 24-6-1971--Hypothesis on which High Court based its finding that sale could not be considered complete because delivery of possession had not been established whether untenable and that High Court should not have interfered in revisional jurisdiction with the finding recorded by the District Judge in circumstances of case requires further consideration--Leave to appeal was granted. Muhammad Munir Peracha, Advocate Supreme Court and Manzoor Elah4 Advocate-on-Record for Petitioner. Malik Muhammad Jaffar, Advocate Supreme Court and Ch. Akhtar Alt, Advocate-on-Record for Respondent No.l. Date of hearing: 12th February, 1989. ORDER NASIM HASAN SHAH, J.--This is a petition for leave to appeal directed against the judgment and order, dated 31-5-1988 passed by a learned Single Judge of the Lahore High Court, Rawalpindi, Bench, Rawalpindi in Civil Revision No.1141 of 1975. Land measuring 4 kanals and 13 marlas 385/576 share bearing survey number 3938 in the revenue estate of Moorat, Tehsil Fateh Jang, District Campbellpur, was owned by Fida Hussain, Akram Shah sons of Shah Jee and Sabir Shah son of Basharat Shah. The abovesaid owner sold the same in favour of respondent Nos. 2 to 4 through Mutation No.2275 sanctioned on 12-&1970 for a sum of Rs.900. The said vendees subsequently sold the said land in favour of the petitioner in recognition of her superior right of pre-emption through mutation number 2295 entered on 10-6-1971 and sanctioned on 24-&1971. Karam Shah respondent No.l filed a suit for possession of the said land through pre-emption. He based his superior right of…

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