Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--­ ___S, 25---Civil Procedure Code (V of 1908), O.XX, R.14---Payment of purchase price under pre-emption decree out of Court to vendee ---Validity--Effect---Payment of purchase price out of Court and its certification was not a true compliance with pre-emption decree in terms of O.XX, 12.14, C.P.C.---In case, of two rival pre-emptors, one of them-having superior right of preemption than the other, instead of depositing such amount in Court, claimed to have paid such amount out of Court---Such decree-holder would not be deemed to have fulfilled terms of pre-emption decree passed in his favour--Such pre-emption suit would be considered to have been dismissed, leaving clear ground for the other (rival) pre-emptor to succeed in his pre-emption suit. Ghulam Mohyuddin v. Muhammad Bakhsh and another PLD 1979 Lah. 766 rel. Noor Ahmad and another v. Muhammad Ramzan and another PLD 1973 BJ 42; Painda Khan v. Tiwana and another PLD 1962 (W-P.) Lah. 92; Muhammad Rafique v. Barkat Ali and others 1984 CLC 3049 and Nath Singh v. Narinder Singh AIR 1964 Pb. 305 ref. (b) Punjab Pre-emption Act (I of 1913)-----­ ----S. 4---Civil Procedure Code (V of 1908), O.XX, R.14---Pre-emption suit--Locus standi of rival pre-emptor to object to the mode of payment of purchase price out of Court by the other pre-emptor (decree-holder) --- Ono pre-empto (son of vendor) had obtained consent decree of pre-emption against vendee and claimed to have paid purchase price out of Court to vendee ---Other (rival) pre-emptor filing suit subsequently, was not a party to earlier pre-emption suit which had been instituted much prior to the pre-emption suit brought by him---Even before institution of subsequently pre-emption suit, consent decree of pre-emption had already been passed in favour -of his rival preemptor which was not binding on subsequent pre-emptor ---Doctrine of superior diligence was inapplicable for the benefit of rival pre-emptor--Payment of purchase price out of Court hit the subsequent pre-emptor to succeed, rather it was a main hurdle in his way and as such, he could, justifiably challenge the mode of payment of pre-emption money out of Court.…

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