Law:

Section:

Keywords: Procedure, Set Aside, Land, Suit For Pre-Emption, Pre-Emption, Ownership, High Court, Exception, Petition, Order, Recording, Right To Sue, Place, Cause Of Action, Superior Right, Sale Deed, Registered, Inheritance, Trial Court, Property, Appearance JUDGMENT KHALIL-UR-REHMAN KHAN, J.- This civil revision was directed against the judgment dated 16.10.1985 whereby the learned District Judge, Sargodha set aside the judgment and decree dated 3.6.1985 decreeing the suit filed by the petitioners, and consequently dismissed the suit recording the conclusion that right of pre-emption is inheritable only if the suit is instituted and the pre-emptor dies during the pendency of the suit. 2. In the instant case, sale of the land took place vide registered sale deed dated 11.3.1980. Mohammad Suleman, father of the petitioners-pre-emptor was admittedly alive at the the of sale as he died on 21.12.1980. The petitioners filed the pre-emption suit on 10.3.1981 on the basis of ownership of land inherited by them from their father on his death which took place on 21.12.1980. The learned trial court granted the decree holding that the pre-emptor on account of inheritance of the said land were possessed of superior right of pre-emption. This finding was reversed by the learned appellate court which was of the view that the pre-emptor admittedly being not possessed of any superior right of pre-emption on the date of sale, cannot successfully pre-empted the sale in question. 3. Learned counsel in support of the revision petition placed reliance on Faqir Ali Shah Versus Ramkishan and others (No. 133 Punjab Record 1907) and Allah Dad and another versus Hukam Dad and others (P.L.D. 1960 (W .P.) Lahore 900) and contended that a right to sue for pre-emption upon a cause of action which accrued to a person in…

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