Law:

Section:

(a) Limitation Act (IX of 1908)---S. 3---Void order and erroneous order---Limitation for setting aside---Bar of limitation can be ignored in respect of void orders but not in respect of erroneous orders---Question of limitation would not arise in respect of s which were nullity in law, void or ultra vines---Where order was without jurisdiction and void, it need not be formally set aside.---[Void order]. Ali Muhammad v Hussain Bakhsh PLD 1976 SC 37; Ch. Altaf Hussain and others v. The Chief Settlement Commissioner PLD 1965 SC 68; Syed Ali Abbas and others v. Vishan Singh and others PLD 1967 SC 294; Malik Khawaja Muhammad and others v. Marduman Baber Kahol and others 1987 SCMR 1543; Mst. Rehmat Bibi and others v. Punun Khan and others 1986 SCMR 962 and Allah Dino v. Faqir Muhammad PLD 1969 SC 582 rel. Malik Ghulam Nabi v. Member-III, Board of Revenue PLD 1990 SC 1043; Syed Faiz Ali Shah v. Chief Administrator of Auqaf, Lahore 1974 SCMR 33; Sardar Abdur Rauf Khan v. Land Acquisition Collector/Deputy Commissioner Abbottabad 1992 SCMR 1181; Sh. Ghulam Muhammad v. The Bank of Bahawalpur Ltd. 1971 SCMR 148: Mrs. Zubaida Begum v. Mrs. S.T. Naqvi 1986 SCMR 261; Ahsan Ait v. District Judge PLD 1969 SC 167; Muhammad Safdar v. Assistant Registrar, Supreme Court, Lahore 1984 SCMR 1508; WAPDA v. Aurangzeb 1988 SCMR 1354; Abdul Haque v. Masood Jan and another 1984 SCMR 1391 and Jhanda v. Maqbool Hussain 1981 SCMR 126 ref. (b) Muhammadan Law--- ---- Pre-emption---Evidence on record was sufficient to establish pre-emptor's superior right of pre-emption for purchasing land in question ---Pre-emptor had established on record, that he owned land adjoining the land in question and that he took water from the same watercourse which was irrigating land in question, and that he was participator in the common amenities and appendages---Such evidence was not challenged through cross-examination and was not rebutted due to non-production of evidence by vendees---Trial Court's finding that pre­emptor had successfully proved that he had right of pre-emption was, thus, unassailable---Orders of Appellate Court and High Court to the contrary were set aside and that of Trial Court decreeing…

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