Law:

Section:

(a) Punjab Pre-emotion Act (I of 1913)-.- ----S. 15---West Pakistan Consolidation of Holdings Ordinance (VI of 1960), S.10(2)---Plaintiff's right of pre-emotion as a co-sharer in joint Khata---Effect of partition of such Khata in consolidation proceedings---Land in question, sold by vendor out of joint Khatas would remain subject to pre-emotion, notwithstanding, partition of such Khata through consolidation proceedings--­Consolidation operations would not disturb pre-existing . rights or other encumbrances in respect of land allotted during consolidation operations--­Pre-emption suit had to be decided on merits in respect of land in question, notwithstanding commencement of consolidation proceedings ---Pre-emptor after decree in his favour could chase the .land allotted to -debtor during consolidation proceedings in lieu of pre-emoted land ---Pre-emptor, for such purpose was not required even to seek amendment of the plaint or modification of the decree. Rashda Begum and another v. Ghulam Farid Shah and others PLD 1973 Lah. 637 and Muhammad Akmal v. Muhammad Bashir 1982 CLC 279 rel. Qaim Din v. Said Ahmad and another PLD 1967 Lah. 1171 and Pir Bakhsh v. Mst. Anwar Mai 1991 MLD 464 ref. (b) Punjab Pre-emotion Act (I of 1913)--- . ----S. 15 & Preamble---West Pakistan Consolidation of Holdings Ordinance (VI of 1960), S. 10(2) & Preamble---Rights created by Punjab Pre-emotion Act, 1913 were in no way destroyed by provisions of West Pakistan Consolidation of Holdings Ordinance, 1960---Where a statute gives aright and also provides a machinery and method for enforcement of that right, then unless a strong proof was given of that right or remedy having been taken away, Courts would be inclined towards the continuation of that right--­Creation of different Khatas after consolidation operations was, therefore, inconsequential in so far as right of pre-emption was concerned. (c) Punjab Pre-emption Act (I of 1913)--- ----S. 15 (b), fourthly ---West Pakistan Consolidation of Holdings Ordinance (VI of 1960), S. 10(2)---Commencement of right of co-sharer in joint Khata--­Plaintiff had become co-sharer in the joint Khata immediately on the death of his predecessor…

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