Law:

Section:

Punjab Pre emption Act (I of 1913) S. 15 Constitution of Pakistan (1973), Art. 185(3) Suit for pre emption ¬Plea of partial pre emption Validity Property sold included vendor's share in the means of irrigation and Shamilat Deh Plaintiff's suit for pre emption was dismissed by Trial Court but decreed by the First Appellate Court and the High Court Validity Defendant claimed that suit was for partial pre¬emption inasmuch as plaintiff had not asked for relief in respect of Shamilat Deh and the rights in the means of irrigation; therefore, no decree could be passed Defendant's contention had no merit Evidence on record indicated that vendor had no share in the Shamilat Deh nor was there any well from which she drew water, for irrigation Respondent, however, having offered to pay the entire consideration which the defendant had paid to vendor, there was no reason why he should have omitted to seek relief in respect of any of the rights sold by vendor to vendee (defendant) At the worst such lapse if any, on the part of plaintiff could be a case of unintentional omission which could not be equated with partial pre emption Leave to appeal was refused in circumstances. ORDER SAAD SAOOD JAN, ACTG. C.J. This is a petition for special leave to appeal from the judgment of the Lahore High Court, Bahawalpur Bench, dated 9 2 1993 whereby the decree passed by the District Judge, Bahawalnagar, in a pre emption suit filed by the respondent was upheld. 2. By a registered deed dated 9 1 1980 Mst. Ghulaman sold about 67 Kanals and 9 Marlas of agricultural land…

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