Law: Punjab Pre-emption Act, 1913

Section: 15,30

Law: Punjab Pre-emption Act, 1913

Section: 15,30

Punjab Pre-emption Act (I of 1913)-------Ss. 15 & 30---Lis pendens, doctrine of ---Application---Pre-emption suit--­ Sale of land during pendency of suit for pre-emption in recognition of right of pre-emption after period of limitation---Effect---Doctrine of lis pendens--­ Applicability---Exception---Sale made to a person in recognition of his superior right of pre-emption during the period of limitation was protected---Where right of pre-emption was lost by lapse of time, then sale of such person (having superior right of pre-emption) could not be in recognition of his superior right of pre-emption but would be bad in law and same could not stand in the way of pre-emption suit which could be validly decreed where vendee had conceded right of pre-emption ---Sale during pendency of pre-emption suit---Such sale was hit ` by the doctrine of lis pendens---Doctrine of lis pendens was applicable to pre-emption claims except in one situation where sale by the vendee was to a person who had superior right of pre­emption provided such sale was effected within period of limitation.--[Lis pendens]. Sarwar Muhammad Sharif and 2 others v. Makbool and others 1991 SCMR 1419; Bakhshan and others v. Haji and others PLD 1954 BJ 48 and Mst. Fateh Bibi v. Ahmad Khan and 6 others PLD 1971 Lah. 171 rel. Mst. Fateh Bibi v. Ahmad Khan and 6 others PLD 1971 Lah. 171; Umer Din v. Khan and others 1989 SCMR 292; Muhammad Din v. Muhammad Aslam PLD 1954 Lah. 541; AIR 1934 Mad. 337; C. Wright Naville v. E.H. Freser AIR 1944 Nag. 137 and Sarwar Muhammad Sharif and 2 others v. Makbool Ahmad and others 1991 SCMR 1419 ref. Malik Amjad Pervaiz for Petitioners. Ch. Muzammal Khan for Respondents. Dates of hearing: 17th May and 19th October, 1993 JUDGMENT This revision petition arises out of a suit for declaration and permanent injunction filed by Arura (father of Faqir Muhammad respondent No. 3) on 2-2-1970 in the Court of a Civil Judge, Sialkot challenging the validity of consent decree dated 2-1-1990 obtained by Hayat Muhammad, respondent No. 1 in a pre-emption suit. The suit was dismissed by the trial Court vide judgment and decree dated 13-3-1975. The petitioner's appeal was also dismissed…

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