Law:

Section:

Punjab Pre emption Act (I of 1913) S. 15 Consent decree in favour of pre emptor passed before 1 8 1986 was protected from the effect of Said Kamal Shah's case (PLD 1986 SC 360); all further proceedings in connection therewith were to be governed and decided under provisions of Punjab Pre emption Act, 1913 as per rule laid down by Supreme Court in Bahadur Khan's case (1992 SCMR 2117) and Ghulam Rasool's case (1992 SCMR 1328) High Court's finding being in accord with the rule laid down by Supreme Court was unexceptionable Leave to appeal was refused in circumstances. Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287; Ghulam Rasool and 2 others v. Faiz Bakhsh 1992 SCMR 1328 and Bahadur Khan and others v. Muhammad Yousuf 1992 SCMR 2117 rel. JUDGMENT MUHAMMAD RAFIQ TARAR, J: Facts giving rise to this petition for leave to appeal are that on 19 6 1976 Muhammad Ashiq son of Ali Nawaz sold land measuring 15 1/2 Kanals to Ghulam Muhammad predecessor of the petitioners. Mst. Nathi respondent herein, mother of the vendor, instituted a suit for possession through pre emption on 16 7 1976. On the pleadings of the parties the trial Court framed as many as eight issues on 18 12 1976. After recording the evidence of the plaintiff the trial Court adjourned the suit for defendants' evidence but before it could be recorded, his son Shabbir Hussain came up with the, proposal that in case the plaintiff agreed to pay Rs.18,000 as the price of the land in dispute the suit may be decreed. Muhammad Shabbir attorney of the plaintiff accepted the offer and the suit was decreed by the trial Court subject to payment of Rs.18,000 vide order dated 2 6 1982. The sale price was deposited by the plaintiff within the time fixed by the Court. 2. On 23 8 1982 the plaintiff moved an application under section 12(2) of the C.P.C. for setting aside the decree on the ground that Muhammad Shabbir had no authority to accept the offer and his act was not binding on her. In the meantime Ghulam Muhammad had died. His successors, the petitioners herein, resisted the application. After the plaintiff's…

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