Law: Punjab Pre-emption Act, 1991

Section: 15

Law: Constitution of Pakistan, 1973

Section: 185(3)

Punjab Pre emption Act (I of 1913)   S.15 Constitution of Pakistan (1973), Art. 185(3) Decree in suit for pre¬emption Validity Pre emptor had matured his right of ownership by prescription and had been regularly recorded ever since 1956 as owner of land in Revenue Record Both Courts below had rightly held that pre emptor became owner of land in the estate by being in adverse possession for over a decade Vendees were not owners in the estate as against pre emptor who being owner had a superior right of pre emption Suit was, thus, rightly decreed in favour of pre emptor Leave to appeal was refused in circumstances. ORDER MANZOOR HUSSAIN SIAL, J.The petitioners/vendees seek leave to appeal from judgment dated 22 2 1993, of the Lahore High Court, whereby R.F.A. 53 of 1983, filed by them was dismissed. 2. The petitioners purchased land in dispute through registered sale¬-deed dated 3 11 1977. Moulvi Muhammad Bashir, the predecessor in interest of the respondents on 4 11 1978, instituted a suit for possession through pre¬emption claiming superior right of pre emption as against the vendees. The petitioners in written statement controverted the plaintiff’s plea that he had superior right of pre emption. Learned trial Judge after evaluating evidence on the record produced by the parties decreed the suit on 11 6 1983, by holding that the pre emptor had established his superior right of pre emption. The objection raised by the petitioners that the oral sale made through mutation ‘Exh. D/3 in favour of the plaintiff did not confer any title of ownership…

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