Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)------S. 15---Superior right of pre-emption ---Proof---Essentials---Partition of joint Khata after sale ---Effect---Pre-emptor, in order to succeed, was obliged to maintain his superiority on three crucial stages i.e., the date of sale; date of instituting of suit; and the date of decree by Trial Court---Where at any of said three stages, pre-emptor was denuded of his superior qualification asserted by him, he must lose ---Pre-emptor who was once a co-sharer in the land in question, but had ceased to be so at any of the said three stages by partition or otherwise of joint property could not be deemed to be a co-sharer for purpose of pre-emption and, therefore, could not claim pre-emption on that score--­Jointedness of holding was destroyed between co-owners upon breaking up of joint Khata---Pre-emptor and vendor were co-owners at the time of sale by vendor---Joint Khata was, however; partitioned during course of consolidation proceedings with the result that pre-emptor ceased to be co-sharer with vendor during trial of pre-emption suit and his qualification of co-ownership as a ground of pre-emption was lost at the intermediate stage of pre-emption suit--­Plea of co-ownership after partition of joint Khata was, thus, not sustainable --­Pre-emptor, therefore, could not succeed on the basis of co-ownership and his suit was liable to be dismissed. Qaim Din v: Said Ahmad and another PLD 1967 Lah. 1171; Rashida Begum and another v. Ghulam Farid Shah and another PLD 1973 Lab. 637; Raja Shah and 38 others v. Nazar Hussain Shah and 16 others PLD 1976 Lah. 658 and Khan v. Mahanda and others 32 Punj. Rec.1902 ref. (b) Punjab Pre-emption Act (I of 1913)--- ----S. 15---Relationship with vendor as a basis for pre-emption ---Pedigree table in support of relationship with vendor to point out common ancestor inter se, was not produced on record---Oral evidence, upon close and critical scrutiny was found to be insufficient to prove the fact of collateral relationship between pre-emptor and vendor---Evidence on record being devoid of intrinic worth, relationship to sustain pre-emption suit was not satisfactorily proved---Suit for pre-emption…

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