Law:

Section:

Punjab Pre-emption Act (IX of 1991)--- ----S. 35---Object and scope---Suits instituted between 1-8-1986 and 28-3-1990 wherein right of pre-emption was claimed would fall within the ambit and scope of S.35, Punjab Pre-emption Act, 1991---Suit having been filed under Punjab Pre-emption Act, 1913, right of pre-emption was not claimed as based on Islamic Law, therefore, S.35, Punjab Pre-emption Act, 1991, was not attracted---Application for amendment of plaint for claiming right of pre­emption as available under Act IX of 1991 was not maintainable. Section 35, Punjab Pre-emption Act, 1991, was enacted to save only such suits as were instituted, after the declaration regarding repugnancy of Punjab Pre-emption Act, 1913 made in Said Kamal Shah's case reported as P L D 1986 SC 360 became effective w.e.f. 31-7-1986 and the said Pre-emption Act ceased to be the law, claiming pre-emption on the basis of Islamic: Law of Pre­emption though no such law was enacted in pursuance of rendered in Said Kamal Shah's case. In the present case the suit was filed under the Punjab Pre-emption Act, 1913 and the right of pre-emption was not claimed as is available under the Punjab Pre-emption Act, 1991 i.e. based on Islamic Law, therefore, section 35 of the Act was not attracted to the present case and the prayer for amendment of the plaint for claiming right of pre-emption as is available under this Act was not maintainable. JUDGMENT MUNIR A. SHAIKH J: --The plaintiffs/pre-emptors appeal against judgment and decree dated 26-6-1992 whereby their suit to pre-empt the sale in dispute has been dismissed. 2. The facts forming the background of this appeal shortly stated are that respondents 2 to 5 sold their suit land through sale-deed registered on 6-7-1978 to respondent No.1 for an amount of Rs.4,20,000. The appellants on 4-3-1981 filed the suit from which this appeal has arisen to pre-empt the said sale on the ground that they were owners in the estate as such had superior right of pre­emption. The correctness of fixation of amount of consideration at Rs.4,20,000 was also disputed and it was pleaded that as a matter of fact the consideration amount was Rs.2,75,000. 3. The learned trial…

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