Law:

Section:

Punjab Pre-emption Act (I of 1913)--S. 15---Punjab Pre-emption Act (IX of 1991), Ss. 13 & 34---Constitution of ' Pakistan (1973); Art. 185 (3)---Suit for pre-emption filed on 17-7-1984- was dismissed on 3-2-1987---No or decree was passed in petitioner's suit till 31-7-1986, therefore, suit in question, was not covered by the saving clause of Punjab Pre-emption Act, 1991---Suit for pre7emption having been filed in terms of Punjab Pre-emption Act, 1991, ground of ownership in the estate, no question of making Talbs would arise at all in those cases which were instituted under the laws hit by the of Supreme Court in cases of Said Kamal Shah (PLD 1986 SC 360) and Sardar Ali (PLD 1988 SC 287)---Leave to appeal was thus, refused in circumstances. Sardar Ali and others v. Muhammad Ali and others PLD -1988 SC 287; Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360 and Ghulam Qadir v. Nawab Din PLD 1988 SC 701 rel. Bashir Ahmed v. Lai Khan PLD 1991 SC 376 ref. Sh. Abdul Aziz, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioner. Mian Nisar Ahmed, Advocate Supreme Court and Ch. M. Adam, Advocate-on-Record for Respondents Nos. 3 to 6. Date of hearing: 14th January, 1996. JUDGMENT MUKHTAR AHMAD JUNEJO, J.---Petitioner Muhammad Anwar has sought leave to appeal against the judgment dated 18-6-1995 delivered by the Lahore High Court in Writ Petition No. 823/93. On 16-7-1985 the petitioner filed suit for pre-empting sale of suit and dated 17-7-1984. The trial Court dismissed the suit on 3-2-1987 on the ground that a pre-emptor cannot claim superior right of purchase on the basis of being owner in the estate. Said judgment and decree were set aside on 22-6-1987 by the District Judge, who remanded the suit to the trial Court after taking view that the suits filed before 31-7-1986, viz. the date of coming into force of Punjab Pre-emption Act, 1991, were to be decided under the old law viz. Punjab Pre-emption Act, 1913. After remand the trial Court again dismissed the suit on 27-9-1988 on the ground that the petitioner had no right of pre-emption. Said decision was maintained in appeal by an Additional District Judge on 15-2-1989. The matter…

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