Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--Ss.15 & 21---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider contention that in rejecting the plea of collusiveness set up by petitioner, Courts below had overlooked a very material fact, that the respondent was a minor and had admittedly, no source of income of his own, it was, therefore, clear that the suit had in fact been brought by the respondent's father who wanted to renege on the sale. Naseer Ahmad v. Arshad Ahmad PLD 1984 SC 403 ref. (b) Punjab Pre-emption Act (I of 1913)--- ----Ss. 15 & 21---Pre-emption suit---Waiver of right---Pleas that plaintiff was minor and also that he was present at the time of sale and had waived his right were incongruous and defeat each other---If plaintiff was minor then he could not enter into contract and, therefore, could not waive his right. (c) Punjab Pre-emption Act (I of 1913)--- ----Ss.15 & 21---Pre-emplor cannot be non-suited on the allegation of collusion unless it is established by uncontrovertible evidence and there-is strong proof in support thereof. Pre-emptor cannot be non-suited yon the allegation of collusion unless it is established by uncontrovertible evidence and there is strong proof in support thereof. Allegation of collusion has to be established by uncontrovertible evidence and such allegation simpliciter could not be a good ground for rejection of claim. Imam v. Saifur Rahman PLD 1984 SC 415 ref. Naseer Ahmad v. Arshad Ahmad PLD 1984 SC 403 and Imam v. Saifur Rahman 1983 SCMR 244 distinguished. (d) Punjab Pie-emption Act (I of 1913)--- ----Ss.15 & 21---If pre-emptor is minor or poor and litigation is financed by somebody else that itself would not mean that pre-emptor is acting in the interest of another. Altaf Hussain v. Abdul Majeed 1991 SCMR 2523 ref. (e) Punjab Pre-emption Act (1 of 1913)--- ----Ss.15 & 21---If son of vendor files suit for pre-emption, it does not mean that he had done so in collusion with his father or for the benefit of another person unless it is so proved by strong evidence. Altaf Hussain v. Abdul Majeed 1991 SCMR 2523 ref. JUDGMENT SAJJAD ALI SHAH, J: --This appeal with leave…

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