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) Qanun e Shahadat (10 of 1984), Art. 144 Suit for pre emption Plea of waiver/estoppel against plaintiffs Cause of action to file pre emption suit accrued to plaintiffs when sale transaction was entered into between vendees and vendor, therefore, vendees defendants were obliged to bring on record material to prove the factum that on specified date when they were negotiating for the sale of land in question, plaintiffs were offered such land by the vendor or by them (vedees) and that by their words or’ conduct they waived their right to claim pre-emption Act or conduct on which plea of waiver or estoppel could be based should have direct nexus with the sale transaction on which right of pre¬emption was claimed and should have taken place at the time of such sale transaction Transaction of specified date whereby plaintiff had entered into agreement to purchase land in question, with the vendor but the same was cancelled due to non availability of funds (price) with them, was independent from the right of pre emption, therefore, same could not be pressed into service to defeat plaintiffs right of pre emption which accrued to them subsequently (when land in question was purchased by vendees (defendants) ¬Finding of first appellate Court as affirmed by the High Court was in consonance with the material on record Leave to appeal was refused in circumstances. ORDER AJMAL MIAN, J.This is a petition for leave to appeal against the judgment, dated 28 2 1993 passed by a learned Single Judge of the Lahore High Court in Civil Revision No. 483 of 1983 filed by the respondents against the judgment/decree dated 3 11 1980 of the learned Additional District Judge, Jhang, whereby he reversed the judgment/decree of the learned Civil Judge, Jhang, aid decreed the respondents’ suit for pre emption, dismissing the same by maintaining the above appellate judgment/decree. 2 The brief facts are that the petitioners entered into an agreement to purchase the suit land on 21 9 1971 for a sum of Rs.31,000. The respondents filed above pre emption suit against the vendee and the vendor. The…

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