Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--S. 15---Constitution of Pakistan (1973), Art. 185(3)---Concurrent findings of Courts below, which appeared to be correct, well-founded and in accord with evidence brought on record---Leave to appeal was, however, granted to examine whether in respect of sale of agricultural land by three co-owners, a brother and two sisters, brother's son could inherit land on the death of two sisters so as to maintain suit for pre-emption of one-half share of two sisters (vendors) under clause thirdly of S.15, Punjab Pre-emption Act, 1913. (b) Punjab Pre-emption Act (I of 1913)--- ----Ss. 13 & 15---Phrase "order of succession" occurring in S. 15, Punjab Pre­emption Act, 1913---Connotation---"Order of succession" would be considered only in competition with vendee and pre-emptor and not in those who did not file suit ---Pre-emptor being residuary of vendors, on their demise he would inherit with others, therefore, he could maintain suit for pre-emption, even if other heirs of vendors did not file suit for pre-emption ---Vendee being utter stranger, entire body of heirs, failing them two or more thereof or even one of them could sue for whole bargain---Contest in the, case was not between heirs of vendors to establish individual superior right of pre-emption rather it was between heir of vendors and stranger to them, therefore, heir's suit was rightly decreed by Trial Court and maintained up to the level of High Court. Muhammad v. Muhammad Yar PLD 1986 SC 231 and Jalal Din v. Saeed Ahmad and others PLD 1979 SC 879 rel. ORDER MANZOOR HUSSAIN SIAL, J.---One Rehmatullah (now deceased and represented by his legal heirs) by leave of this Court assailed the judgment and decree dated 29-9-1991, of a learned Single Judge of Lahore High Court (Bahawalpur Bench) whereby he dismissed appellant's Regular Second Appeal No.15 of 1976. 2. The dispute in this case relates to agricultural land measuring 32 Kanals situate in village Bhutta Wahan, Tehsil Sadiqabad, District Rahim Yar Khan. Ghulam Rasool and his two sisters, namely Mst. Ghulam Fatimah and Mst. Ghulam Sughra sold the disputed land to Rehmatullah, for Rs.11,600 vide Mutation No.693…

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